Citation Nr: 21031697
Decision Date: 05/24/21	Archive Date: 05/24/21

DOCKET NO. 17-28 797A
DATE: May 24, 2021

REMANDED

The issue of service connection for throat cancer is remanded.

REASONS FOR REMAND

The Veteran served in the U.S. Army from November 1964 to January 1969, including service in the Republic of Vietnam.

The issue of service connection for throat cancer is remanded.

The matters are REMANDED for the following action:

1. BACKGROUND FOR THE RO ADJUDICATOR:

In November 2020, the Board remanded the appeal to obtain a new VA medical opinion because the December 2019 opinion was inadequate. In February 2021, the RO obtained a new VA medical opinion, which is also inadequate. First, it fails to address whether the Veteran's presumed exposure to herbicide agents caused his throat cancer. Second, it noted the Veteran's in-service sebaceous cyst and concluded "Infected sebaceous cyst develops under the skin and does not cause or become throat cancer." No explanation for this conclusion was provided. Third, the examiner seemed to conclude that the cause of the Veteran's throat cancer was his tobacco use. However, the examiner did not provide any rationale or explanation but, instead, regurgitated information from an internet source about possible risk factors for throat cancer and then stated that the Veteran's "major risk factor for tonsillar cancer is tobacco." Remand is necessary to obtain an adequate medical opinion.

2. Obtain an opinion as to the nature and etiology of the Veteran's throat cancer from an oncologist who has not provided an opinion in this case. 

All relevant medical records must be made available to the examiner for review of pertinent documents. The examination report should specifically state that such a review was conducted. THE EXAMINER MUST PROVIDE A COMPREHENSIVE EXPLANATION FOR ALL OPINIONS PROVIDED.

The clinician should address the following:

(a.) Whether throat cancer was caused by any in service event, injury, disease, or disorder, or in any way originated during service.

(b.) Whether throat cancer was caused by in service exposure to herbicide agents.

(c.) If there were multiple possible causes of the Veteran's throat cancer, the clinician should list all of them.

The clinician is advised that an opinion based solely on the absence of in-service treatment or diagnosis is inadequate. See 38 C.F.R. § 3.303(d). Additionally, an opinion stating that herbicide agents did not cause the throat cancer because throat cancer is not on the list of diseases for which service connection may be granted on a presumptive basis is inadequate.

 

 

Jacqueline E. Miller

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Mitchell, 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.