The Veteran's service-connected melanoma does not meet the schedular percentage requirements for a TDIU prior to March 30, 2018. The Board is remanding the matter to the Director of Compensation Service for consideration under 38 C.F.R. § 4.16(b) due to its prohibition from assigning a TDIU on the basis of 38 C.F.R. § 4.16(b).
The deciding factor: The Veteran's service-connected melanoma does not meet the schedular percentage requirements for a TDIU under 38 C.F.R. § 4.16(a) and is therefore remanded to consider an extraschedular rating.
- Claimed conditions
- Melanoma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 11, 2022
- Citation
- 22008179
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 22008179.
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.
- Granted
The Veteran's melanoma is granted service connection. Service connection for skin cancer other than melanoma is remanded.
- Remanded (sent back)
The Board has remanded the DIC benefits claim due to a failure to obtain relevant medical records from Jefferson City Health and Rehabilitation Center, which could provide information about the Veteran's diagnosis of melanoma.
- Granted
The Board granted service connection for residuals of a skin condition, including basal cell carcinoma, squamous cell carcinoma, and melanoma.
- Remanded (sent back)
The Board remands the claims for service connection for a heart disability, kidney tumor, melanoma, back disability, and bilateral hearing loss to correct duty-to-assist errors.
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