Citation Nr: 22010963
Decision Date: 02/25/22	Archive Date: 02/25/22

DOCKET NO. 20-08 313A
DATE: February 25, 2022

REMANDED

Service connection for throat cancer is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1961 to April 1964.  

In August 2020, the Board denied service connection for throat cancer, finding that although the Veteran was exposed to contaminated water at Camp Lejeune, it was not the cause of his throat cancer. This decision was based on part on an October 2013 VA nexus opinion.  The Veteran disagreed with that decision and appealed to the United States Court of Appeals for Veterans Claims (Court).  The Court granted a Joint Motion for Partial Remand (JMPR) vacating the portion of the August 2020 Board decision that denied the service connection claim for throat cancer, and returned it to the Board for compliance with the JMPR.

The JMPR found that while the Board obtained a medical opinion, that included an analysis of the relationship between contaminated waters and throat cancer, the Board did not review whether the Veteran's throat cancer was otherwise directly related to his time in service.  The JMPR noted that the Board acknowledged that his service treatment records (STRs) showed treatment for laryngitis and a sore throat; and he reported at the separation examination that he had ear, nose, or throat trouble, as well as a tumor, growth, cyst, or cancer.  The JMPR noted that the Board did not make any findings as to whether an examination would be required to determine whether the Veteran's service directly caused or related to his throat cancer, to include his reports of throat trouble in service and at separation.  Remand is thus necessary to obtain a VA addendum opinion addressing the concerns of the October 2021 JMPR. 

The matters are REMANDED for the following action:

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Schedule the Veteran for an examination to determine the nature and etiology of his throat cancer.  The examiner should provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran's throat cancer is proximately due to or caused by Veteran's active-duty service?  Why or why not? 

The examiner should address the Veteran's STRs that show a diagnosis for laryngitis and complaint of sore throat.  See STR dated June 10, 1963 and October 28, 1963.  The examiner should also address the May 1964 Annual Certificate of Physical condition, where he reported eye, ear, nose, or throat trouble, as well as a tumor, growth, cyst, or cancer.  The reasons and/or risk factors which the examiner finds caused the Veteran's throat cancer should be fully explained.  Further, any medical research cited to, should be discussed and how it is related to the specific facts of the Veteran's case.

 

 

J. Kirby

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Fu, Associate 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.