The Board has dismissed the appeals for service connection for squamous cell carcinoma and basal cell carcinoma, as well as for synovial cysts of the spine and foot, high blood pressure, heart murmur, and a compensable evaluation for bilateral pterygium.
The deciding factor: The evidence is unfavorable to the claims, with no competent medical evidence linking the skin cancers or other conditions to service. The Veteran's assertions as to causation are not probative given the long latency period between discharge and diagnosis of cancer.
- Claimed conditions
- squamous cell carcinoma, basal cell carcinoma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 4, 2009
- Citation
- 0907890
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The appeal for service connection for skin cancer was dismissed due to untimeliness, while the claim for squamous cell carcinoma was granted.
- Partly granted
The Board dismissed the claim for service connection for headaches and remanded claims for service connection for various other conditions, including open angle glaucoma, sensorineural hearing loss, asthma, heart disease, bladder cancer, and squamous cell carcinoma.
- Remanded (sent back)
The Board remands the claims for service connection for supraventricular arrhythmias, basal cell carcinoma, kidney stones, and COPD as the AOJ failed to substantially comply with prior remand directives.
- Partly granted
The Board granted service connection for basal cell carcinoma and a higher initial disability rating of 70 percent for other specified trauma-and-stressor-related disorder, while denying increased ratings for lumbosacral strain, right lower radiculopathy, bilateral hearing loss, chronic rhinitis, tension headaches, and mitral valve prolapse.
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