The Veteran's skin cancer claim is being remanded for a VA examination to determine if it is related to his service, specifically presumed herbicide exposure. The issue of whether there is clear and unmistakable error (CUE) in the February 1970 rating decision will also be addressed on remand.
The deciding factor: The Veteran's skin cancer claim involves a presumption of herbicide exposure during service, but no positive association has been found between herbicide exposure and skin cancers. The VA is required to provide an examination to determine if the condition is related to his service.
- Claimed conditions
- skin cancer
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- March 8, 2016
- Citation
- 1609119
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 1609119.
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 Veteran's service connection claims for skin cancer and gastroesophageal reflux disease (GERD) have been denied as there is no current diagnosis of these conditions, and the evidence does not support a causal relationship to active military service.
- Denied
The Veteran's appeal for special monthly compensation and service connection was denied due to a late filing of the Board Appeal request.
- Dismissed
The Veteran's appeal for service connection for skin cancer has been dismissed because the Veteran died during the pendency of the appeal.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for skin cancer, an initial rating greater than 10 percent for right knee strain with limitation of flexion, and an initial compensable rating for right knee strain with limitation of extension. The TDIU claim is also remanded.
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