The Board has determined that the provisions of 38 C.F.R. § 3.156 (c) apply to the Veteran's claims for service connection for left hip disability and left ankle disability, as well as his prostate disability. The AOJ must readjudicate these claims with consideration of the September 2013 service treatment records that included a February 2004 Report of Medical History documenting left ankle and left hip problems.
The deciding factor: The provisions of 38 C.F.R. § 3.156 (c) apply to the facts as to these claims due to new evidence received subsequent to prior rating decisions, which includes service treatment records from September 2013 that documented left ankle and left hip problems.
- Claimed conditions
- squamous cell carcinoma of the right ear, basal cell carcinoma of the neck
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 2, 2018
- Citation
- 18146969
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 18146969.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claims of service connection for various conditions, including hypertension, tinnitus, allergic rhinitis, basal cell carcinoma of the neck, diplopia (hypermetropia), type II diabetes mellitus, a heart condition, and bilateral hearing loss are remanded due to failure to appear at scheduled VA examinations. The effective dates for these claims cannot be determined without further examination.
- Granted
The Veteran's service connection claims for basal cell carcinoma of the head and neck are granted due to presumed exposure to burn pits during his service in Saudi Arabia, as provided by the PACT Act.
- Granted
The Board has granted the claim of service connection for basal cell carcinoma of the ear, chin, and neck based on direct evidence linking it to in-service exposure to ionizing radiation.
- Remanded (sent back)
The Board has remanded the cases for further development due to inadequate medical opinions regarding service connection.
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