The Board denied an effective date prior to February 23, 1999 for service connection of the cause of death due to metastatic melanoma. The decision found that the Nehmer case did not apply and that the correct laws and facts were before them.
The deciding factor: The Board determined that the Nehmer case holdings were not applicable to the appellant's claim as her original claim was filed in January 1985, which is prior to September 25, 1985 when the Nehmer decision took effect.
- Claimed conditions
- metastatic melanoma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 23, 2009
- Citation
- 0944617
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 0944617.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted the Veteran's claim for service connection for metastatic melanoma, finding that it is related to in-service sun exposure.
- Denied
The Veteran's cause of death was not related to his military service, including any in-service dental work or ionizing radiation exposure. The Board denied the claim for service connection.
- Remanded (sent back)
The Board has remanded the case due to a duty to assist error, specifically regarding the relationship between the Veteran's atherosclerotic cerebrovascular accident and his in-service exposure to herbicide agents. The examiner is asked to provide an opinion on whether this condition qualifies as ischemic heart disease for purposes of presumptive service connection.
- Remanded (sent back)
The Veteran's death was attributed to metastatic melanoma, which the Board finds meets the first requirement of service connection. However, due to a pre-decisional duty to assist error, the Board must now obtain medical opinions regarding the nature and etiology of both conditions.
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