The veteran's claim for an increased rating for superficial spreading malignant melanoma with resultant muscle damage is being remanded to the AOJ for further evaluation, including consideration of impairment in affected muscles.
The deciding factor: The VA examiner indicated that the trapezius and rhomboid muscles are affected by the service-connected disability, causing weakness and impaired motion of the shoulders. Additional evidence from a March 2004 VA medical evaluation indicates lumbar paraspinal muscle involvement as well.
- Claimed conditions
- superficial spreading malignant melanoma (Clark's stage II), muscle damage
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 24, 2004
- Citation
- 0426689
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0426689.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claim for compensation under 38 U.S.C. 1151 due to a penile condition resulting from VA medical treatment in 2010 is remanded as there are outstanding records and the Veteran needs an examination.
- Denied
The Board denied service connection for diastasis recti abdominis, claimed as internal stomach disorder, nerve damage and muscle damage because the evidence did not show it was incurred in or caused by active military service.
- Denied
The Veteran's rhabdomyolysis and kidney/muscle damage are not considered to be caused by VA medical care, thus denying compensation under 38 U.S.C. § 1151.
- Denied
The Board has determined that there is no current diagnosis of muscle damage, and thus the Veteran does not meet the criteria for service connection.
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