Skin cancer decisions — 2011

The Veteran's metastases to the brain, right lung, and small bowel are not considered additional disability resulting from VA treatment for his left shoulder melanoma. The Board finds that the preponderance of evidence is against an award of compensation under 38 U.S.C.A. § 1151.

The Board has determined that the evidence is in equipoise as to whether the Veteran's diagnosed pulmonary nodules are related to his military service, including asbestos exposure. As such, service connection for a respiratory disability is granted.

The Board has determined that the Veteran does not have a bilateral eye disability related to active service, and his sleep apnea is not related to active service. Hypertension was presumed due to Agent Orange exposure but is not considered secondary to any service-connected condition. The low back/hip disability and skin cancer are also not related to active service or secondary to any service-connected condition.

The Board denied the Veteran's claims for service connection for prostate cancer and skin cancer, finding that there was no evidence of in-service exposure to ionizing radiation or a link between these conditions and military service.

The Veteran's skin disabilities, including melanoma, actinic keratoses, squamous cell carcinomas, and basal cell carcinomas, are not considered service-connected as they were not shown to be related to his military service, specifically sun exposure in Vietnam.

The Board has denied the Veteran's claims for service connection for degenerative changes of the right foot and melanoma of the back, finding no evidence to support a link between these conditions and his military service.

The Board has granted service connection for malignant melanoma, squamous cell carcinoma, and a left thigh neurofibroma as they are etiologically related to the Veteran's inservice chemical exposure. Recurrent atrial fibrillation is not addressed in this decision.

The Board has remanded the case due to additional evidence received by the Veteran, and the RO is instructed to consider this new evidence in its adjudication of the claims.

The Board has ordered a remand to obtain an addendum from the VA examiner who examined the Veteran in August 2009, providing rationale and support for their opinions regarding the diagnosis, date of onset, and etiology of any skin cancer found to be present. The examiner was asked to state whether it is at least as likely as not that any current or previously diagnosed skin cancer had its onset during active service or is related to any in-service disease or injury, including from herbicide exposure or other toxins.

The Veteran's claim for service connection for skin cancer as due to herbicide exposure during service was denied. The Board found that the evidence did not establish a nexus between his current skin cancer and service, including exposure to herbicides. The issue of whether new and material evidence has been received to reopen the right knee disorder claim is pending.

The Veteran's currently diagnosed lentigo maligna (melanoma-in-situ), left cheek, was not incurred in or aggravated by active military service and may not be presumed to have been so incurred. The claim for service connection is denied.

The Veteran's skin cancers, non-Hodgkin's lymphoma, immune deficiency, and prostate cancer residuals were not related to his active duty service. The Board found that the evidence did not support a finding of in-service incurrence or continuity of symptomatology.

The Board has determined that additional development is needed for the appellant's claims of service connection for malignant melanoma and an increased evaluation for bilateral hearing loss. The claims are being remanded to allow for further examination and consideration.

The Veteran's service-connected scars have been rated at 30 percent, which is the maximum rating available under the applicable diagnostic codes. The Board finds that the current evidence does not support a higher evaluation.

The Board has ordered additional development to obtain relevant treatment records and an opinion regarding the cause of death. The case will be remanded for further review after these actions are completed.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining private medical records and VA treatment records.

The Veteran's claim of service connection for skin cancer is denied as he does not have a current disability manifested by skin cancer. He has been granted service connection for actinic keratosis, which is at least as likely as not related to exposure to sunlight during active duty service.

The Board has granted service connection for cold injury residuals manifested by circulation problems of the lower extremities, but denied service connection for various cancers due to lack of evidence linking these conditions to military service.

The Veteran's claim of service connection for chronic headaches is granted. The claims for back pain, skin cancer, and neck disability are denied as there was no evidence of a nexus to service. Service connection for malaria is not granted due to lack of exposure during service.

The Veteran's skin cancer was not shown during service or within a year after discharge, and the preponderance of evidence does not support a finding that his skin cancer is related to ionizing radiation exposure in service.