Skin cancer decisions — 2002

The Board found that the veteran's cause of death (malignant melanoma and arteriosclerotic cardiovascular disease) were not service-connected, did not contribute to his death, and did not render him unable to care for himself or live independently. Therefore, he was not entitled to special monthly compensation based on need for regular aid and attendance or housebound status.

The Board denied service connection for prostate cancer and squamous cell skin cancer, finding no evidence linking these conditions to the veteran's exposure to ionizing radiation during military service.

The Board found that the RO's February 1996 decision denying service connection for choroidal melanoma of the left eye was not clearly and unmistakably erroneous, and thus denied the claim.

The Board found that the veteran's skin cancer, including basal cell carcinoma, was not incurred in service and denied service connection. The claim for tinnitus was granted. The reopening of a claim for service connection for a skin rash (other than skin cancer) is considered but no decision on this issue was made.

The veteran's claims for service connection for skin cancer and prostate cancer are being remanded due to the need for additional development, including a dose estimate based on exposure to ionizing radiation in service.

The Board denied the appellant's attempt to reopen his claim for service connection for multiple skin cancers due to exposure to ionizing radiation in service, finding that no new and material evidence had been submitted.

The veteran's appeal has been dismissed due to his death. The Board had no jurisdiction to adjudicate the merits of this claim.

The Board denied the veteran's claims for service connection for skin cancer, finding no evidence of a chronic condition during service and insufficient medical opinion to support a link between current skin cancers and exposure to ionizing radiation or in-service sun exposure.

The veteran's PTSD was granted a higher evaluation to 50 percent, but his claims for stomach and skin cancers were denied.

The veteran's skin and prostate cancers are diseases that may be induced by ionizing radiation exposure. The veteran is not service-connected for any disability, was not a prisoner of war, is not entitled to compensation under 38 U.S.C.A. § 1151, and is not entitled to VA nonservice-connected pension benefits. Therefore, the veteran does not meet the qualifications for exemption from the eligibility assessment (means testing) specified in 38 U.S.C.A. § 1722.

The Board has determined that the September 1995 rating decision denying DIC benefits was clearly and unmistakably erroneous due to a failure to consider the primary cause of death, which was respiratory cancer. The effective date for the grant of DIC benefits is set at January 19, 1995.

The Board has determined that the veteran's skin cancer was not incurred in or aggravated by service, nor may it be presumed to have been incurred in service. The claim for service connection is therefore denied.

The Board found that the veteran's skin cancer was not present in service or for many years later, and it is not related to disease or injury in service. Therefore, the claim for service connection for skin cancer was denied.

The Board denied the veteran's claim of service connection for skin cancer secondary to radiation exposure, finding that there was no evidence linking his current skin conditions to an incident in service.

The Board has granted increased ratings for the veteran's service-connected left shoulder disability and cervical spine disability, but denied an increase in rating for his neck scarring.

The Board denied service connection for the cause of the veteran's death, finding that there was no causal connection between any incident in service or a service-connected disability and the cause of death.

The Board denied service connection for the cause of the veteran's death, finding that exposure to ionizing radiation did not contribute to his death and that there was no evidence linking the melanoma to his period of service.

The Board found that the veteran's cardiovascular disorder did not develop due to radiation exposure in service and denied his claim for service connection.

The Board denied the veteran's claim for service connection for residuals of a malignant melanoma of the left temple, finding that exposure to ionizing radiation did not result in the development of this condition. The veteran was exposed during Operation HARDTACK I but no dose assessment could be made due to lack of available records.

The veteran's claimed conditions, including skin cancer, cancer of the cranium, a left eye cataract, blood clots to the left leg resulting in amputation below the knee, a right hip disorder, and arthritis, were not incurred or aggravated by active service. The appeal is denied.