The Board has decided to remand the Veteran's claims for service connection for squamous cell carcinoma of the skin and malignant melanoma, as these conditions are presumed to be due to in-service exposure to herbicides. However, the VA examiner found that the diagnosed skin disabilities were not related to in-service herbicide exposure because they are not among the list of diseases associated with Agent Orange exposure.
The deciding factor: The VA examiner determined that the Veteran's skin disabilities are not related to in-service herbicide exposure due to them being on a different list of diseases associated with Agent Orange exposure.
- Claimed conditions
- squamous cell carcinoma of the skin, malignant melanoma
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- April 2, 2019
- Citation
- 19124266
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.
- Remanded (sent back)
The Board remands the claim for service connection for malignant melanoma to correct a pre-decisional duty to assist error, specifically to obtain a medical opinion that considers all in-service toxic exposures.
- Granted
The Board granted service connection for malignant melanoma, finding it to be at least as likely as not due to in-service exposure to herbicides.
- Granted
The Board granted service connection for the cause of the Veteran's death, finding that his service-connected asbestos exposure causing pleural calcifications contributed to his death.
- Remanded (sent back)
The Board remands the Veteran's claim for service connection for malignant melanoma to correct pre-decisional duty to assist errors under the provisions of 38 C.F.R. § 20.802.
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