Skin cancer decisions — 2009

The Board finds that the Veteran's skin cancer is related to his active duty service and grants service connection for this condition.

The Board has determined that the Veteran's claims for service connection of bilateral lower extremity peripheral neuropathy, bilateral hearing loss, tinnitus (reopened), skin cancer, and diabetes mellitus are not supported by competent evidence. The conditions were either not shown to be related to service or did not manifest until years after service.

The Board has granted service connection for tinnitus and skin cancer, finding that the Veteran's subjective complaints are credible and linking his conditions to his military service.

The Board has determined that the Veteran does not have a current hearing loss disability or skin cancer, and there is no evidence of in-service incurrence or aggravation. The claims are therefore denied.

The Board has determined that the Veteran's malignant melanoma of the right upper forearm is at least as likely as not related to his service, specifically his exposure to excessive sun during World War II. The claim for service connection is therefore granted.

The Veteran's application for Service-Disabled Veterans Insurance (RH) was denied because he has multiple non-service-connected health conditions, including COPD and thyroid cancer, which prevent him from being considered 'in good health' as required by VA regulations.

The Veteran's skin cancer was not incurred in or aggravated by service, nor may it be presumed to have been incurred therein. Service connection for left index finger injury residuals and initial (compensable) rating for residuals of left ankle injury are pending.

The appellant has withdrawn his appeals for the evaluation of left arm wound, residual scar on right leg, service connection for chronic lymphocytic leukemia, and service connection for skin cancer. As a result, these issues are dismissed.

The Veteran requested to withdraw his appeal for service connection for melanomas of the neck and arms due to herbicide exposure. The Board dismissed this issue as a result.

The Board denied service connection for a dental condition, bilateral eye disorder, skin cancer, and lung disorder (claimed as due to asbestos exposure), finding no evidence of in-service injury or disease. The effective date for the grant of service connection for tinnitus was set at January 17, 2008.

The Veteran's claims for service connection for a skin disorder other than skin cancer and prostate cancer have been reopened, and he is now entitled to compensation. Service connection has also been granted for injured teeth due to trauma, with an initial rating of 10 percent effective September 15, 2003. The claim for increased rating for residuals of head injury, including dizziness, remains pending.

The Board has determined that the claims for service connection for prostate cancer and malignant melanoma need further development due to incomplete records and a need for additional medical opinions.

The Board found that the Veteran's skin cancer of the left forehead and salivary gland cancer were not incurred or aggravated by service, nor due to exposure to radiation. The appeal was denied as there is no evidence of actual radiation exposure during service.

The Veteran's loss of the right eye was not due to VA medical treatment, but rather a result of his own condition (choroidal melanoma). The Board found that there was no fault on the part of VA in providing care.

The Veteran's service-connected GIST tumor led to the removal of his spleen and pancreas tail, warranting secondary service connection for their residuals. The Board also found presumptive service connection for the GIST tumor due to exposure to Agent Orange. Service connection was denied for sinus disorder, skin cancer, and sleep apnea as these conditions were not shown to be related to active service.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, chronic bronchitis, and residuals of skin cancer. The evidence did not establish a current diagnosis or link to service.

The Veteran's appeal is being remanded for a Travel Board hearing at the RO.

The Veteran's claim for service connection for an acquired psychiatric disorder and skin cancer, including as secondary to herbicide exposure, was denied. The Board found no evidence of a current disability related to service or herbicide exposure.

The Veteran's appeal is remanded for proper issuance of a Statement of the Case and to provide him an opportunity to perfect his appeal. The case will be returned to the Board after any necessary development.

The Board has received a withdrawal of the appeal from the appellant, and thus the appeal is dismissed.