Citation Nr: 21014780 Decision Date: 03/15/21 Archive Date: 03/15/21 DOCKET NO. 14-23 215 DATE: March 15, 2021 REMANDED Entitlement to service connection for squamous cell carcinoma, claimed as respiratory cancer due to exposure to herbicide agents, is remanded. Entitlement to service connection for right-side facial paralysis is remanded. Entitlement to service connection for nerve damage of the right arm with weakness is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from August 1968 to May 1970. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2013 rating decision issued by the Department of Veteran Affairs (VA) Regional Office (RO). In September 2017, the Veteran testified before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the record. The Board issued decision in January 2020 denying service connection for squamous cell carcinoma, right side facial paralysis, and nerve damage of the right arm. The Veteran timely appealed the decision to the Court of Appeals for Veterans Claims (CAVC). In November 2020, CAVC issued a Joint Motion for Partial Remand (JMPR) vacating the Board’s January 2020 decision. The JMPR stated that the Board erred by failing to ensure the satisfaction of the VA’s duty to assist. The May 2019 VA medical opinion found that the Veteran’s squamous cell carcinoma was less likely than not related to his active service. The examiner was asked to opine as to whether Veteran’s squamous cell carcinoma was the result of his exposure to herbicide agent during service. The examiner noted risk factors for squamous cell carcinoma, then opined that “[e]ither way, this Veteran's squamous cell carcinoma was of oropharyngeal origin, not respiratory. Only squamous cell carcinoma of respiratory origin may be considered presumptively service-connected due to herbicide exposure.” The JMPR found that it was unclear if the examiner was providing a direct service connection opinion or to what extent the rationale provided was intended to support an opinion. Therefore, remand is required to obtain a medical opinion that specifically address the question of whether the Veteran’s squamous cell carcinoma was caused by in service herbicide agent exposure. The JMPR also found that the Veteran’s claims for service connection for right-side facial paralysis and nerve damage of the right arm with weakness were argued as secondary to his squamous cell carcinoma, they are inextricably intertwined and must also be remanded. The matters are REMANDED for the following action: 1. Forward the record and a copy of this remand to a clinician qualified to provide the information requested below for preparation of an opinion as to the Veteran’s claim. If the clinician selected determines that the information requested below cannot be provided without an in-person examination of the Veteran, then such an examination should be scheduled. The clinician is asked to review the record and then respond to the following: Whether it is at least as likely as not (50 percent probability or greater) that the Veteran’s squamous cell carcinoma is caused by or otherwise etiologically related to in-service exposure to herbicide agents? The examiner must note that the Veteran is presumed to have been exposed to herbicide agents during his active service. The examiner should indicate that the record was reviewed. A complete rationale must be provided for all opinions given. 2. Thereafter, readjudicate the claims on appeal. MICHAEL MARTIN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Harris, Attorney Advisor 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.