Skin cancer decisions — 2010

The Veteran's claims for multiple myeloma, malignant melanoma, lipoma, an acquired psychiatric disorder (PTSD), peripheral neuropathy or burning and tingling sensations in the feet, and arthritis of the left shoulder, left hip, and cervical spine have been denied as not related to service or herbicide exposure.

The Board denied the Veteran's claims for service connection for residuals of spider bites, fibromyalgia as secondary to spider bites, skin cancer as secondary to mustard gas exposure, and arthritis or degenerative joint disease as secondary to spider bites. The evidence did not support a finding that these conditions were incurred in or aggravated by service.

The Board has remanded the case for further development due to inadequate dose estimates and opinions regarding the Veteran's fatal cancer.

The Veteran's initial compensable evaluation for basal cell carcinoma, skin cancer, was granted from November 15, 1992, to April 30, 2007. On or after April 30, 2007, the Veteran received a 10 percent evaluation.

The Board found no evidence linking the Veteran's death to service-connected conditions, and thus denied the claim for service connection for the cause of his death.

The Board found that the Veteran's current malignant melanoma of the left abdominal wall was not incurred in or aggravated by his active service.

The Veteran's claim for service connection for malignant melanoma was denied, but his claim for a higher disability rating for degenerative disc disease with spondylosis and stenosis was granted at a 20% rating.

The Board has granted service connection for the Veteran's cause of death, finding that his melanoma disability was incurred in or aggravated by his active military service. The Board also found no evidence to support the appellant's claim that her husband's membranous glomerulonephritis contributed to his death.

The Board has denied the appellant's claims for service connection for a low back disability, bilateral ear disability, and skin cancer on the left face and arm. The evidence does not support a finding that these conditions are related to service or herbicide exposure.

The Veteran's bone cancer and skin cancer claims are remanded for additional development, including obtaining medical records from private providers and determining the extent of his exposure to ionizing radiation during service. The skin cancer claim will also be reviewed for a possible secondary service connection theory based on in-service sun exposure.

The Veteran died of widely metastatic melanoma, and the weight of evidence does not reflect that he had separate lung cancer at the time of death. The Board finds that his death was not principally or contributorily caused by a disease or injury incurred or aggravated as a result of military service.

The Veteran's service connection claim for choroidal melanoma, which he contends is related to his exposure to herbicide agents in Vietnam, was denied as the condition does not fall under the enumerated soft tissue sarcomas eligible for presumptive service connection based on Agent Orange exposure.

The Veteran's claim for a higher evaluation for residuals of excision of multiple malignant melanomas is being remanded due to the need for clarification regarding additional melanomas and proper examination.

The Board has determined that the Veteran's basal cell carcinoma and malignant melanoma are related to his service, specifically his exposure to Agent Orange during active duty.

The Board found that the Veteran's skin cancer, heart disease, and stroke are not related to his active service. The evidence does not support a finding of in-service exposure or a link between these conditions and military service.

The Board found that the Veteran did not participate in a radiation-risk activity and thus is not considered a 'radiation-exposed veteran.' The claim for service connection for basal cell carcinoma and melanoma of the skin was denied as there is no evidence linking these conditions to active duty, including exposure to ionizing radiation.

The Board has determined that the Veteran's hearing loss, tinnitus, lung nodules, and peripheral neuropathy are related to his service, with a presumption of exposure to Agent Orange. However, the skin cancer is not presumed due to Agent Orange exposure.

The Board has granted service connection for bilateral hearing loss and tinnitus, but denied service connection for skin cancer of the left arm (as secondary to service-connected left hand osteoarthritis), cancer of the lip, inner ear disorder (vertigo), and bilateral hearing loss. The decision on the issue of service connection for tinnitus is based on direct evidence.

The Veteran's skin cancer claim is being remanded for further consideration, including a review by the Under Secretary for Benefits regarding the use of the representative's IREP estimate and dose information.

The Board denied the Veteran's claims for service connection for hypertension and skin cancer, finding no evidence to support a direct or presumptive relationship with his military service.