The appeal is remanded to the RO for issuance of a Statement of the Case on the issue of entitlement to an effective date earlier than April 22, 2002, for the award of service connection for skin cancer, multiple locations.
The deciding factor: The claim for bone cancer cannot be considered separately as it is secondary to the skin cancer which has its own effective date.
- Claimed conditions
- bone cancer
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 13, 2009
- Citation
- 0905426
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.
- Denied
The Board denied the Veteran's claim for service connection for bone cancer, as there is no evidence of a current disability.
- Denied
The Board denied service connection for bone cancer, liver abscess, shortness of breath, memory problems, PTSD, diabetes mellitus type II, multiple myeloma, thrombocytopenia, and hypertension. The Veteran was granted service connection for hypertension, multiple myeloma, and thrombocytopenia under the PACT Act effective August 10, 2022.
- Denied
The Veteran's request for a higher rate of special monthly compensation (SMC) was denied because the evidence did not show loss of use of either hand or foot.
- Granted
The Board granted an earlier effective date of January 1, 2009 for the veteran's Dependency and Indemnity Compensation (DIC) benefits. The decision was based on the veteran's presumed exposure to herbicide agents during service in Vietnam and the subsequent inclusion of bladder cancer as a presumptive disease.
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