The Board remands the appeal to the VA Regional Office for adjudication of the Veteran's motion for revision based on clear and unmistakable error regarding earlier effective dates for service connection awards.
The deciding factor: The motion for revision based on clear and unmistakable error must be adjudicated by the VA Regional Office in the first instance, as per legal requirements.
- Claimed conditions
- malignant melanoma, right side of the neck with severe post-operative scarring, right trapezius muscle with questionable involvement of the supraspinatus, total resection of the right sternocleidomastoid muscle, right spinal accessory nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 22, 2025
- Citation
- A25046183
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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