Citation Nr: 21012015
Decision Date: 03/03/21	Archive Date: 03/03/21

DOCKET NO. 17-36 166A
DATE: March 3, 2021

ORDER

Service connection for tongue cancer is granted.

FINDING OF FACT

1. The Veteran has a documented diagnosis of squamous cell carcinoma of the tongue.

2. The rating decision on appeal conceded presumptive herbicide exposure based on qualifying service in Vietnam.

3. The only medical opinions of record are both positive private opinions, the most recent of which found “within a high degree of certainty” that the Veteran’s tongue cancer is related to service either as a result of herbicide exposure or smoking therein. It is supported by a detailed rationale laying out the biomechanical process by which chemicals in herbicides could affect internal organs in the oropharyngeal area and, citing to studies and statistical analysis, how such factors can increase risk for laryngeal cancers, including tongue malignancies. He also notes the close association between smoking and tongue cancer and points out that the Veteran’s only period of heavy smoking in his lifetime was during service because it was a time of dramatically increased stress. 

CONCLUSION OF LAW

The criteria for service connection for tongue cancer are met. 38 U.S.C. §§ 1110, 1113, 5107(b) (2018); 38 C.F.R. §§ 3.102, 3.303(b), 3.307(a)(6)(iii) (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The appellant is a Veteran who served on active duty from January 1970 to September 1971. This appeal is before the Board of Veterans’ Appeals (Board) from a March 2016 rating decision appealed in a timely October 2016 notice of disagreement (NOD) and perfected by a timely July 2017 substantive appeal in response to July 2017 statement of the case (SOC).  In February 2021, a hearing was held before the undersigned.

For the reasons outlined above, the Board grants the benefit sought (service connection) in full, obviating any need for further discussion thereof at this time.

 

 

VICTORIA MOSHIASHWILI

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Yuan, Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.