The Board finds that the evidence is in equipoise as to whether the veteran's death was caused by a skin cancer etiologically linked to service, and grants service connection for the cause of the veteran's death.
The deciding factor: Resolving reasonable doubt in the appellant's favor, the Board finds that the veteran's death was caused, at least in part, by skin cancer. In light of the evidence of significant sun exposure in service, and the November 2008 opinion linking the veteran's skin cancers to that sun exposure.
- Claimed conditions
- non-small cell lung cancer, clear cell carcinoma of the thigh, squamous cell carcinoma of the skin, melanoma and basal cell carcinoma and malignant nodular hydradenoma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 2, 2009
- Citation
- 0903548
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 cause of death to correct a pre-decisional duty to assist error related to the Veteran's exposure to contaminated water at Camp Lejeune.
- Dismissed
The appeal for service connection of squamous cell carcinoma of the skin was dismissed because it was duplicative of a previous appeal.
- Denied
The Board denied service connection for the Veteran's cause of death, which was non-small cell lung cancer.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the Veteran's lung disorder, diagnosed as COPD and non-small cell lung cancer. The VA must provide a medical examination or obtain a medical opinion to address the conflicting opinions from private physicians and assess whether the Veteran's current lung condition is related to service, including exposure to asbestos and Agent Orange.
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.