Skin cancer decisions — 2016

The Veteran's skin cancer claim is being remanded for a VA examination to determine if it is related to his service, specifically presumed herbicide exposure. The issue of whether there is clear and unmistakable error (CUE) in the February 1970 rating decision will also be addressed on remand.

The Board has determined that further development is necessary in order to determine the Veteran's exposure to ionizing radiation and herbicides, as well as whether he is entitled to TDIU based on his service-connected disabilities. The claims will be remanded for these purposes.

The Veteran's non-Hodgkin's lymphoma is presumed to be due to herbicide exposure during service in Vietnam. Service connection for melanoma and scars due to surgical removal of melanoma are granted.

The Veteran's skin disabilities are not service connected, but he is granted SMC based on loss of use of a creative organ for the entire period on appeal.

The Board has found that the Veteran's claimed conditions, including low sperm count, sigmoid polyp, skin cancer and thyroid cancer, are not related to service or exposure to radar emissions in service. The claims for these conditions have been denied.

The Veteran's claims for service connection for right and left knee, ankle disabilities, dental trauma to teeth #6, #7, #8, and #9 have been granted. The Veteran is also entitled to a higher initial rating for his lumbar radiculopathy with sciatica (RLE) and insomnia disorder with chronic pain.

The Board has granted the Veteran's petition to reopen his claim for service connection for skin cancer and chloracne, both of which are presumed to be due to herbicide exposure in service. The Veteran is now entitled to service connection for these conditions.

The Board denied service connection for skin cancer and hypertension, both of which were found not to be related to the Veteran's active service.

The Veteran's claims for service connection are being remanded due to the need for additional development regarding his exposure to herbicide and asbestos during service.

The Veteran's appeal is being remanded for further development, including obtaining additional medical records and determining the nature of any radiation exposure. The case will also be reviewed by the AOJ to determine if service connection can be granted based on the evidence.

The Veteran's claim for service connection for metastatic melanoma was granted with an effective date of September 11, 2008.

The Board denied service connection for colon cancer and skin cancer as a result of herbicide exposure, finding that there was no direct relationship between the cancers and the Veteran's military service.

The Veteran's service connection claim for malignant melanoma is granted based on the presumption of service connection due to its manifestation within one year of separation from active duty. The PTSD appeal results in a grant of an initial 30 percent rating prior to March 21, 2014.

The Veteran's skin disorder, diagnosed as basal cell carcinoma, actinic keratosis, and seborrheic keratosis, was not incurred or aggravated by service. The Board finds that the preponderance of evidence is against a finding of service connection for these conditions.

The Board finds that the Veteran's left eye malignant melanoma was not incurred in service, and the preponderance of evidence is against a finding that it is related to his service or exposure to mustard gas. Therefore, service connection for this disability is denied.

The Veteran's claim for service connection for a skin disability, including as due to exposure to herbicides and/or sunlight, has been resolved in his favor with the grant of service connection for basal and squamous cell cancer of the skin. The issue is therefore dismissed as moot.

The Board found no evidence of in-service injury or disease, including no chronic in-service symptoms of disability of the kidney, skin, eyes, or lungs. The Veteran was not exposed to ionizing radiation during service and there is no competent medical opinion linking his current disabilities to service.

The Veteran's melanoma tumor on the left upper arm was not incurred in or aggravated by his military service, including as due to Agent Orange exposure.

The Veteran's skin cancer, skin cancer residuals, and precancerous lesions are likely caused by his in-service unprotected sun exposure. The Board has granted service connection for these conditions.

The Board finds that the Veteran's skin disorder, including skin cancer and recurrent malignant warts, was not incurred in or aggravated by his active duty service, nor is it shown to be secondary to a service-connected disability. Therefore, the claim for service connection is denied.