The Veteran's skin cancer, including as due to exposure to burn pits, and a bilateral foot disability (claimed as fallen arches) are remanded for further development.
The deciding factor: The VA examiner noted that the Veteran had no benign or malignant neoplasms including malignant melanoma at the time of the January 2018 examination. However, private treatment records reveal diagnoses and treatments of skin cancer dating back to February 2016. The PACT Act was signed into law in August 2022, adding over 20 conditions to the list of disabilities presumed to have been incurred in service for Veterans who are presumed to be exposed to burn pits.
- Claimed conditions
- Malignant Melanoma, Basal Cell Carcinoma, Squamous Cell Carcinoma
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- July 17, 2023
- Citation
- 23039440
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 23039440.
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 has denied a compensable evaluation for bilateral hearing loss and remanded the claim of entitlement to a compensable rating for residuals of squamous cell carcinoma due to inadequate examination.
- Granted
The Board has restored service connection for Ischemic Heart Disease, Squamous Cell Carcinoma, Diabetes Mellitus type II, Chronic Kidney Disease, Diabetic Peripheral Neuropathy of the lower left extremity sciatic nerve, Diabetic Peripheral Neuropathy of the lower right extremity sciatic nerve, and Hypertension. The Board found that the original grant of service connection was not clearly erroneous due to the Veteran's exposure along the DMZ in Korea.
- Remanded (sent back)
The Veteran's non-VA care on June 6, 2019 for a Squamous Cell Carcinoma was denied because it was not deemed emergent and prior authorization was required. The Board finds the decision insufficient to determine if the care was emergent and remands for proper notice under 38 U.S.C. § 5104.
- Granted
The Veteran's service-connected disabilities render him unable to perform daily activities of living without the assistance of another, and he is granted special monthly compensation based on the need for regular aid and attendance.
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