The Board reopens the claim for service connection for malignant melanoma, but denies the claim for cancer of the lymph nodes.
The deciding factor: The evidence received since the February 2002 rating decision is new and material for the malignant melanoma claim, as it relates to an unestablished fact necessary to substantiate the claim. The evidence does not relate to an unestablished fact necessary to substantiate the cancer of the lymph nodes claim.
- Claimed conditions
- malignant melanoma, cancer of the lymph nodes
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 28, 2008
- Citation
- 0810275
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for service connection for cancer of the lymph nodes to obtain an adequate medical opinion.
- Remanded (sent back)
The Board remands the claim for service connection for malignant melanoma to correct a pre-decisional duty to assist error, specifically to obtain a medical opinion that considers all in-service toxic exposures.
- Granted
The Board granted service connection for malignant melanoma, finding it to be at least as likely as not due to in-service exposure to herbicides.
- Granted
The Board granted service connection for the cause of the Veteran's death, finding that his service-connected asbestos exposure causing pleural calcifications contributed to his death.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.