The Veteran's claim for service connection for a lumbar spine disability, skin cancer (basal cell carcinoma and squamous cell carcinoma), lung disability (chronic obstructive pulmonary disease and emphysema), and prostate disability is granted due to presumed exposure to Agent Orange during his service in Vietnam. However, the claims are denied as there is no evidence of a nexus between these disabilities and service.
The deciding factor: The Veteran's skin cancers, lung disability, and prostate disability were not shown within one year of separation from service or by continuity of symptomatology since service. The preponderance of the evidence does not support a finding that these conditions are related to his period of military service, including presumed exposure to Agent Orange.
- Claimed conditions
- lumbar spine disability, skin cancer (basal cell carcinoma and squamous cell carcinoma), lung disability (chronic obstructive pulmonary disease and emphysema), prostate disability
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- January 2, 2020
- Citation
- 20000183
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Board granted service connection for right knee, right hip, and lumbar spine disabilities as secondary to the Veteran's service-connected left knee disability but denied a rating in excess of 30 percent for his left knee disability prior to April 25, 2019.
- Dismissed
The Board dismissed the appeals for service connection for a bilateral knee disability, bilateral upper and lower extremity peripheral neuropathy, lumbar spine disability, cervical spine disability, and chronic pain syndrome due to untimely notices of disagreement.
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