Service connection for skin cancer is granted.,An initial rating higher than 20 percent for back disability prior to February 10, 2020, and higher than 40 percent thereafter is denied. The case is remanded for further action.
The deciding factor: The evidence supports the conclusion that the Veteran's skin cancer is at least as likely as not related to sun exposure in Vietnam.,For the back disability, the evidence shows forward flexion of less than 30 degrees prior to February 10, 2020, and no ankylosis. The rating for this period was initially granted at 20 percent.
- Claimed conditions
- skin cancer, lumbar spondylosis with discogenic disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 7, 2020
- Citation
- 20065067
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.
- Partly granted
The appeal for service connection for skin cancer was dismissed due to untimeliness, while the claim for squamous cell carcinoma was granted.
- Dismissed
The appeal was dismissed due to the Veteran's death during the pendency of the claims.
- Partly granted
Service connection for prostate cancer on an accrued basis was granted based on the benefit-of-the-doubt doctrine, finding competent and credible evidence at least approximately balanced between service-connected prostatitis and prostate cancer. Service connection was denied for stomach cancer, colon cancer, skin cancer, the Veteran's cause of death, and dependency indemnity compensation benefits.
- Denied
The Board denied service connection for skin cancer, including as due to participation in toxic exposure risk activity (TERA), finding no evidence of the disease during service or within a year after separation and noting that the earliest diagnosis was nearly 25 years post-service.
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