The Board has remanded the case for further development and consideration, including obtaining a dose estimate for the veteran's exposure to ionizing radiation during service. The AOJ must also provide proper notice of the type of evidence needed to establish an effective date or disability rating if service connection is granted.
The deciding factor: The veteran was exposed to ionizing radiation while in service but does not qualify as a 'radiation-exposed veteran' for presumptive service connection purposes. The case will be remanded for further development under the provisions of 38 C.F.R. § 3.311.
- Claimed conditions
- melanoma of the back
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2008
- Citation
- 0839540
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 0839540.
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.
- Granted
The Board has granted service connection for melanoma of the back, neck, and arms as a result of Agent Orange exposure during active duty service.
- Denied
The Board has denied the Veteran's claims for service connection for degenerative changes of the right foot and melanoma of the back, finding no evidence to support a link between these conditions and his military service.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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