The Board has remanded the claim for a new VA examination to determine if the Veteran's skin conditions are related to his presumed exposure to Agent Orange in Vietnam.
The deciding factor: The examiner must address whether the Veteran’s diagnosed skin conditions are at least as likely as not related to his presumed exposure, even if he does not suffer from any of the Agent Orange presumptive conditions listed in 38 C.F.R. § 3.309(e).
- Claimed conditions
- malignant melanoma, seborrheic keratosis, dermatitis
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- January 23, 2020
- Citation
- 20005449
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 Board denied the veteran's claims for service connection, higher ratings, and earlier effective dates, as well as dismissed his claim for a TDIU.
- Dismissed
The appeal for service connection for a left wrist condition was dismissed due to concurrent election of higher-level review. The claims for an initial compensable rating for bilateral pes planus, and for service connection for hearing loss, neck strain, and dermatitis were denied.
- Partly granted
The Board granted service connection for hemorrhoids and denied an initial compensable rating for bilateral hearing loss, a rating in excess of 10 percent for dermatitis, and remanded claims for increased ratings for right ankle sprain/strain, hypertension, and obstructive sleep apnea.
- Partly granted
The Board granted a 10 percent disability rating for dermatitis, variously diagnosed as seborrheic dermatitis, dermatophytosis, and tinea versicolor, prior to June 5, 2023, but denied a higher rating from that date. The issues related to Raynaud's syndrome and special monthly compensation were remanded.
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