Base of Tongue Squamous Cell Carcinoma

[Seabee Wife]

My beloved Vietnam Seabee just passed away last month. He was diagnosed with base of tongue squamous cell carcinoma in 11/2014. Sadly, after a bilateral neck dissection, he had a MRSA infection and eventually succumbed to septic shock. We had never filed a claim with VA as we were too busy trying to survive. Does anyone believe this is worth pursuing? It doesn't appear that VA pays for squamous cell cancers. Does anyone have any input on this subject? Any information is greatly appreciated.   

[Berta]

If I were you I would certainly file a DIC claim. One never knows when VA will add more disabilities to the AO presumptive list.

Whether they add this disability or not, this veteran had both a private oncologists opinion and then a VHA medical opinion that both supported his claim.

The private oncologist who treated your husband might well be willing to provide an ample opinion, that Agent Orange,if there is no other etiology for your husband's cancer, such as the smoking and drinking risk factors noted  in the BVA decision, was the cause of your husband's cancer and demise.The doctor would have to follow the IMO criteria here at hadit and give a strong medical rationale, as the doctor's who opined in the BVA case did.

I am surprised ,having seen many death certificates over the years, that there were no contributing factors listed on the one they did for your husband.

Did he have any other disabilties at all?

"I thought that was really odd as his 4 months of hospitalization (non VA hospital) were due to septic shock x3, and stroke related to the sepsis."

A septic stroke is possible but also ischemic heart disease and also DMII (both AO presumptives) can cause stroke.

 

 

 

 

 

 

http://www.va.gov/vetapp10/files6/1042483.txt

 

In Part:

"As previously noted, a VHA opinion was obtained in September

2010; that opinion addressed the question of the proper

classification of a cancer at the base of the tongue.  This

opinion was written by the chief of the oncology section for a VA

regional health care system.  The VA medical expert noted that

the appellant did not have the typical risk factors for squamous

cell head and neck cancer (alcohol and tobacco).  The oncologist

stated that cancer of the larynx and cancer of the base of the

tongue are very close in terms of their location in the

respiratory tract.  The oncologist further stated that squamous

cell carcinoma of the base of the tongue is a respiratory cancer. 

The oncologist concluded that the appellant's chief risk factor

for his base of the tongue cancer was his exposure to Agent

Orange.  The oncologist also stated that it is at least as likely

as not that the appellant's squamous cell cancer of the base of

the tongue was caused by his Agent Orange exposure.

 

In the absence of any medical evidence to contradict the

favorable medical opinions, the Board finds that it is at least

as likely as not that the appellant's squamous cell carcinoma of

the base of the tongue is related to his exposure to herbicides

in Vietnam.  In other words, the record reflects that the

Veteran's squamous cell carcinoma of the base of the tongue is a

respiratory cancer which is presumptively related to his presumed

exposure to herbicides in Vietnam.  The Board will resolve all

doubt in the Veteran's favor and find that the evidence supports

the appellant's claim of entitlement to service connection for

tongue cancer.  Thus service connection is warranted for the

Veteran's squamous cell carcinoma of the base of the tongue. 

38 U.S.C.A. § 5107(b); 38 C.F.R. § 3.102.

As previously noted, a VHA opinion was obtained in September

2010; that opinion addressed the question of the proper

classification of a cancer at the base of the tongue.  This

opinion was written by the chief of the oncology section for a VA

regional health care system.  The VA medical expert noted that

the appellant did not have the typical risk factors for squamous

cell head and neck cancer (alcohol and tobacco).  The oncologist

stated that cancer of the larynx and cancer of the base of the

tongue are very close in terms of their location in the

respiratory tract.  The oncologist further stated that squamous

cell carcinoma of the base of the tongue is a respiratory cancer. 

The oncologist concluded that the appellant's chief risk factor

for his base of the tongue cancer was his exposure to Agent

Orange.  The oncologist also stated that it is at least as likely

as not that the appellant's squamous cell cancer of the base of

the tongue was caused by his Agent Orange exposure.

 

In the absence of any medical evidence to contradict the

favorable medical opinions, the Board finds that it is at least

as likely as not that the appellant's squamous cell carcinoma of

the base of the tongue is related to his exposure to herbicides

in Vietnam.  In other words, the record reflects that the

Veteran's squamous cell carcinoma of the base of the tongue is a

respiratory cancer which is presumptively related to his presumed

exposure to herbicides in Vietnam.  The Board will resolve all

doubt in the Veteran's favor and find that the evidence supports

the appellant's claim of entitlement to service connection for

tongue cancer.  Thus service connection is warranted for the

Veteran's squamous cell carcinoma of the base of the tongue. 

38 U.S.C.A. § 5107(b); 38 C.F.R. § 3.102."

 

 

 

[Berta]

This is an DIC award due to Squamous cell cancers and Agent Orange Exposure:

http://www.va.gov/vetapp15/Files4/1533186.txt

There were strong independent medical opinions to support this claim, as within the above BVA decision.