Skin cancer decisions — 2001

The Board has determined that the veteran is entitled to a TDIU rating due to his service-connected disabilities, which include psoriasis and postoperative melanoma. The combined rating for these conditions is 70 percent.

The Board denied service connection for prostate cancer, malignant melanoma, and degenerative joint disorders due to exposure to ionizing radiation in service.

The Board denied the veteran's claims for service connection for the cause of his death, eligibility for accrued benefits, and eligibility for Dependents' Educational Assistance (DEA) due to lack of evidence supporting these claims.

The veteran's service-connected lumbosacral spine disability is currently evaluated as 20 percent disabling. The Board has determined that a 60 percent evaluation is warranted for the lumbosacral spine disability, which represents the highest schedular rating available.

The Board has determined that the veteran's skin cancer, including basal and squamous cell carcinoma, was not incurred in or aggravated by service. The claim for secondary service connection based on exposure to ionizing radiation is also denied.

The Board has remanded the case for further development and consideration, including obtaining a dose estimate from the VA Under Secretary for Health regarding ionizing radiation exposure. The veteran's skin cancer is also to be examined by a physician to determine if it can be attributed to sun exposure during service.

The Board has determined that the veteran's skin disease, to include skin cancer, is not related to his military service and thus denied his claim for service connection.

The Board has granted restoration of a 100% rating for the veteran's postoperative residuals of excision of melanoma from his left chest, and restored ratings of 30% each for his postoperative residuals of axillary node dissection and wedge resections of the right upper and middle lobes.

The Board has determined that the veteran's undifferentiated connective tissue disease with vasculitis, myelodysplastic syndrome, and skin cancer are all due to exposure to ionizing radiation during service.

The Board has remanded the case for additional development due to new legal requirements under the Veterans Claims Assistance Act of 2000.

The veteran's appeal is granted, with a 20% disability evaluation for the residuals of prostate cancer as of April 1, 1999. The issue of service connection for skin cancer due to sun exposure during service remains pending and requires further development.

The Board denied the veteran's claim for service connection for skin rash and skin cancer, claimed as secondary to radiation exposure, finding that new and material evidence had not been submitted.

The Board has determined that the veteran's prostate cancer and skin cancer are not service-connected, as there is no evidence linking these conditions to his military service or exposure to ionizing radiation.

The Board has remanded the veteran's claims due to new legal requirements under the Veterans Claims Assistance Act of 2000, and additional development is needed including obtaining medical opinions on the nature and etiology of any current conditions.

The Board found that the veteran does not have skin cancer other than Kaposi's sarcoma, and there is no evidence linking Kaposi's sarcoma to service or radiation exposure. The claim for both conditions was denied.

The veteran's status post excision scar from malignant melanoma of the anterior chest wall is rated at 50 percent, which is higher than the current 30 percent rating.

The Board has determined that new and material evidence has not been submitted to reopen the claim for service connection for acne. The veteran's skin disorders, including skin cancer, were found to have developed after his active service and are not related to any incident of service.

The Board has determined that the veteran's residuals of a neck condition due to trauma (claimed as numbness of hands and atrophy of the left hand) are directly attributable to his service, and thus grants service connection for this condition.

The Board denied the veteran's claims for service connection for skin cancer, kidney stones, carcinoma of the right kidney with a nephrectomy, and prostate cancer with a TURP, all claimed as due to exposure to ionizing radiation. The Board found that there was no evidence of current disabilities or in-service exposures.

The veteran's appeal is being remanded for additional development and notification under the Veterans Claims Assistance Act of 2000.