Skin cancer decisions — 2011

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of entitlement to service connection for residuals of melanoma. The underlying de novo claim for service connection is being REMANDED.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the appellant's claim for service connection for malignant melanoma of the right eye, including as secondary to herbicide exposure. The case is REMANDED for a VA examination and further review.

The Board has determined that the Veteran's cause of death from metastatic esophageal cancer is service connected as a direct result of in-service tobacco use and nicotine dependence, resolving all reasonable doubt in favor of the appellant.

The Board denied the Veteran's claim for service connection for hypertension, finding that there was no positive association between exposure to herbicides and hypertension. The Veteran's hypertension is not presumed due to Agent Orange exposure.,The Board also denied the Veteran's claim for service connection for skin cancer of the back, as there was no evidence linking it to his military service or any form of exposure.

The Board has reopened the claim for service connection for skin cancer on the basis of new and material evidence. However, it is remanding this claim to the RO for further development before readjudicating it on its underlying merits. The decision regarding bilateral hearing loss remains pending.

The Veteran seeks service connection for skin cancer of the head, neck, back and nose. The case is REMANDED to determine if his military service was a contributing factor to his current condition.

The Veteran was granted service connection for skin cancer incurred during his active duty.,Service connection was denied for left ear hearing loss, as the evidence did not show a compensable level of disability within one year of separation from service.

The Veteran's claims for increased ratings and an effective date prior to March 3, 2008 were denied. The Board found that the evidence did not support a rating in excess of 30 percent for PTSD or 20 percent for status post excision of malignant melanoma, nor did it meet criteria for separate evaluations for scars of the right and left axillary sentinel lymph nodes.

The Board denied the Veteran's claim for service connection for skin cancer, finding that there was no evidence of exposure to ionizing radiation in service and concluding that his skin cancer is not related to any incident of service.

The Veteran's claims for diabetes mellitus, type 2 and malignant melanoma were denied as these conditions are not related to his active service. The Board found that the Veteran did not serve in the Republic of Vietnam during the Vietnam era and thus there is no presumption of exposure to herbicides. The secondary service connection claims for CAD, diabetic retinopathy (claimed as blindness), peripheral neuropathy, and renal insufficiency were also denied.

The Board found that the Veteran's skin cancer of the left leg was not related to service, including as due to herbicide exposure in Vietnam. The claim for service connection was denied.

The Board has remanded the case due to a need for a VA examination regarding the etiology of the Veteran's skin cancer, which is presumed to be related to his service in Vietnam and exposure to Agent Orange.

The Veteran's scars on the right and left cheek due to his service-connected skin cancer manifest in two characteristics of disfigurement, warranting a 30 percent disability rating for his service-connected skin cancer.

The Veteran's small left lung cancer, right lung melanoma, and prostate cancer are granted as service-connected due to exposure to herbicide agents during his military service.

The Board has determined that the Veteran's claims for service connection have been denied, and his claim for compensation under 38 U.S.C.A. § 1151 was also denied.

The Board has granted service connection for bilateral tinnitus and has determined that the Veteran's respiratory disorder, including asthma, skin cancer, and frostbite residuals are not related to his military service.

The Board has remanded the case due to the need for additional evidence from Dr. Patterson and Dr. St. Clair, who submitted letters in October 2010.

The Board denied the Veteran's claims for service connection for a right wrist injury, skin cancer, and a dental disorder due to lack of new and material evidence. The claim for residuals of a right wrist injury was not reopened as no new evidence related to an unestablished fact necessary to substantiate the claim.

The Veteran's claims for bilateral hearing loss, tinnitus, and melanoma are being remanded due to incomplete records and the need for further medical examinations.

The Board finds that the Veteran's skin cancer is due to in-service sun exposure and grants service connection for this condition.