Skin cancer decisions — 2007

The Board has remanded the case for additional development due to new evidence submitted by the veteran and a need to comply with Dingess v. Nicholson.

The Board has determined that the appellant's post-operative melanoma in situ of the left leg was incurred during active service and grants service connection for this condition.

The Board has determined that the veteran does not have current residuals of amebic dysentery, gunshot wound to the right hand and wrist, or shell fragment wound to the left leg. The claim for COPD is denied as there is no evidence linking it to exposure to phosene gas in service. The skin disorder claims are also denied due to lack of evidence connecting them to service.

The Board found that the veteran's diagnosed choroidal melanoma of the right eye was not related to his service, including in-service findings of cortical opacity and pinguecula. The claim for an initial compensable evaluation for residuals of a right foot fracture is addressed in the REMAND portion.

The Board has granted service connection for the veteran's skin cancer, finding that it is related to his in-service sun exposure while serving in Vietnam.

The Board found that the veteran's skin cancer was not incurred in service and denied his claim for service connection.

The Board has determined that the veteran's skin cancer is not related to his active service or exposure to radiation, and thus denied the claim for service connection.

The veteran's skin cancer is found to be related to in-service exposure to sunlight and radiation. However, there is no evidence of penile dysfunction attributable to service.

The Board denied service connection for chronic diabetes mellitus, chronic tinnitus, and chronic skin cancer of the face to include basal cell carcinoma. The veteran's claims were not supported by medical evidence linking these conditions to his active service or service-connected disabilities.

The Board has reopened the veteran's claims for service connection for basal cell carcinoma and melanoma, finding that new evidence supports a link to service. Service connection is granted.

The veteran's claims for service connection and evaluation are being remanded due to the submission of additional arguments and evidence. The RO will review these matters and issue a Supplemental Statement of the Case if necessary.

The Board denied the veteran's claim for service connection for post-operative excisions of basal cell carcinomas and malignant melanoma, finding no direct evidence linking these conditions to his military service or exposure to herbicides.

The Board denied the veteran's claims for service connection of multi-nodular thyroid disease, posterior subcapsular cataracts, and skin cancer of the upper lip as secondary to exposure to ionizing radiation.

The Board denied the veteran's claims for service connection for tuberculosis, chloracne, skin cancer of the left face, and a sinus disorder due to lack of evidence showing these conditions were related to his military service or exposure to Agent Orange.

The veteran does not have a disability of the arms and legs manifested by loss of sensation and drawing of the muscles that is attributable to military service.,The veteran's melanoma is not related to herbicide exposure during military service.

The Board found that the veteran's pituitary adenoma and skin cancer were not incurred or aggravated during active service, nor may they be presumed to have been so incurred or aggravated due to Agent Orange exposure. The preponderance of evidence is against his claims.

The veteran's appeal has been dismissed as he requested withdrawal of the appeal in February 2007.

The Board found that there was no service connection for a condition that caused the veteran's death, and thus denied the claim. The cause of death listed on his certificate of death was metastatic malignant melanoma.

The Board denied the veteran's claims for service connection for skin cancer due to exposure to ionizing radiation and a higher initial rating for GAD with PTSD. The veteran was presumed to have been exposed to ionizing radiation during his military service, but there is no current diagnosis of skin cancer.

The Board has granted the veteran's claim for service connection for skin cancer, finding that there is at least a 50/50 chance that his skin cancers were caused by solar exposure and sunburn during active military service.