The Veteran's claim for service connection for malignant melanoma is remanded due to potential errors in the pre-decisional duty to assist and a need for an etiology opinion regarding the relationship between his melanoma and active service, including presumed herbicide agent exposure.
The deciding factor: The Board found that there may be outstanding private treatment records and that an etiology opinion should have been obtained due to the Veteran's assertion of a connection to herbicide agent exposure. The failure to obtain these opinions does not constitute a pre-decisional duty to assist error as the theory was raised after the rating decision.
- Claimed conditions
- malignant melanoma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 5, 2024
- Citation
- A24043520
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 A24043520.
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 claim for service connection for malignant melanoma, finding that there was no evidence linking the condition to his active duty service.
- Dismissed
The Veteran's appeal for an increased rating for her scars has been withdrawn, resulting in the dismissal of this claim.
- Remanded (sent back)
The Board has determined that the VA did not obtain all necessary service treatment records and failed to provide a VA medical opinion addressing the cause of death. The claim is being remanded for these actions.
- Remanded (sent back)
The Board has remanded the claims of service connection for malignant melanoma and lung cancer due to a failure to fully develop the record regarding toxic risk exposure activities. The Veteran's service records indicate he was exposed to herbicides during his military service, but further development is needed to include non-herbicide exposures.
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