Skin cancer decisions — 2024

The Veteran's claim of service connection for skin cancer is remanded due to a predecisional duty to assist error. The Board will schedule the Veteran for an examination to determine the etiology of his skin cancer.

The Board has remanded the claims for service connection for diabetes and skin cancer due to a failure to obtain adequate opinions regarding the relationship between these conditions and the veteran's exposure to toxic substances during service, including asbestos, PFAs, drinking water chemicals, and a burn pit. The VA examiner is required to provide an opinion on whether the current diagnoses are at least as likely as not caused by these exposures.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's skin cancers and chronic fatigue syndrome are related to his military service, including exposure to Agent Orange or other toxins. The claims for these conditions will be further developed.

The Veteran's skin cancer (melanoma) is not service-connected as it did not originate during his military service and there is no evidence linking the condition to any incident or exposure in service.

The Veteran's service connection claim for residuals of skin cancer (diagnosed as basal cell carcinoma) is granted on a presumptive basis under the PACT Act. However, an alternative theory of entitlement to service connection, such as direct service connection, should be considered for the portion of the appeal period prior to August 10, 2022.

The Veteran's melanoma scars, including the left upper extremity scar, right lower leg scar, and upper back scar, are rated at 20 percent for painful scars. The other scars do not meet criteria for a compensable rating.

The Veteran's skin cancer is granted as service connected, with the Board finding that his current condition is related to his active duty service.

The Board has remanded the claims for service connection due to new evidence received, and a VA examination is required to address potential asbestos exposure in service.

The Board has remanded the Veteran's claims of service connection for headaches as secondary to TMJ and for an acquired skin condition, including actinic keratoses, dysplastic nevi, keratinocyte atypia, slight hyperplasia of single melanocytes, seborrheic keratosis, solar elastosis and porokeratosis (claimed as melanoma and skin cancer), due to inadequate medical opinions.

The Board has determined that the Veteran's request for higher-level review was timely submitted, and thus the appeal is considered valid. The VA denied service connection for various conditions in a previous rating decision, but the Board found that the Veteran's submission of his request for higher-level review was timely.

The Board has remanded the case due to new evidence received since the prior rating decision, including a diagnosis of melanoma requiring right eye removal. The AOJ is required to obtain VA treatment records and develop the claim under 38 C.F.R. § 3.311 regarding radiation exposure during service.

The Board has granted the Veteran's claim for service connection for a skin disorder other than skin cancer, diagnosed as prurigo nodularis during the appeal period. The condition is found to be secondary to his service-connected acquired psychiatric disorder.

The appeal for service connection for basal cell skin cancer, hypertension, malignant melanoma, and residuals of cholecystectomy and partial colon resection for diverticular bleed has been withdrawn by the appellant.

The Veteran's service connection for melanoma, actinic keratosis, multiple nevi of the trunk, and a mid-back scar is granted due to presumed exposure to contaminants at Camp Lejeune. The Board found that there is approximately balanced evidence supporting the claim.

The Board has decided to remand the case due to the need for a medical opinion regarding the etiology of the Veteran's melanoma, which is presumed related to service in Vietnam. The claim will be reconsidered with this additional information.

The Board has dismissed the appeal due to the Veteran's death, and no one has requested substitution.

The Board has determined that new and relevant evidence supports readjudicating the claim for service connection for skin cancer residual scars, to include melanoma. However, the Veteran's current condition is not eligible for presumptive service connection based on exposure to herbicide agents under the PACT Act or other provisions. The Board finds that while the Veteran has a current diagnosis of scar status post excision of melanoma, there is insufficient evidence to establish a nexus between his current disability and in-service exposure to herbicide agents.

The Board granted service connection for diabetes mellitus type II, finding the Veteran was exposed to herbicide agents during his service in Thailand and that his condition manifested to a degree of 10 percent or more.

The Veteran's claim for a rating more than 10 percent for vitiligo has been denied. The Board has also remanded the issues of service connection for left arm and right hand skin disabilities, as these claims are related to his service-connected vitiligo.

The Veteran's claim for service connection for melanoma is remanded due to incomplete documentation of herbicide exposure and the need for a VA examination.