The Veteran's skin cancers, including basal cell, squamous cell, and malignant melanoma, are being remanded for further examination to determine their etiology. The examiner is asked to consider the Veteran's exposure to herbicide agents during service in Vietnam.
The deciding factor: The Board found the VA examiner’s opinion lacking due to incomplete foundation and rationale, particularly regarding the lack of contemporaneous service treatment records documenting sunburns and the potential impact on skin cancer development.
- Claimed conditions
- basal cell, squamous cell, malignant melanoma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 17, 2020
- Citation
- 20073600
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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