The Board remands the claim for a VA dermatological examination to determine if the Veteran's current skin conditions are related to his in-service exposure to Agent Orange or any other incident of service.
The deciding factor: The evidence does not support a presumption of service connection, and an examination is necessary to establish a nexus between the Veteran's current skin conditions and his military service.
- Claimed conditions
- basal and squamous cell carcinoma, skin cancer
- How they argued it
- Direct service connection
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- March 16, 2009
- Citation
- 0909620
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.
- Partly granted
The appeal for service connection for skin cancer was dismissed due to untimeliness, while the claim for squamous cell carcinoma was granted.
- Dismissed
The appeal was dismissed due to the Veteran's death during the pendency of the claims.
- Partly granted
Service connection for prostate cancer on an accrued basis was granted based on the benefit-of-the-doubt doctrine, finding competent and credible evidence at least approximately balanced between service-connected prostatitis and prostate cancer. Service connection was denied for stomach cancer, colon cancer, skin cancer, the Veteran's cause of death, and dependency indemnity compensation benefits.
- Denied
The Board denied service connection for skin cancer, including as due to participation in toxic exposure risk activity (TERA), finding no evidence of the disease during service or within a year after separation and noting that the earliest diagnosis was nearly 25 years post-service.
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