CCK Successfully Appeals Board Decision to Deny Reopening Veteran’s Claim for Service Connection

CCK Successfully Appeals Board Decision to Deny Reopening Veteran’s Claim for Service Connection

Board Denies Reopening of Veteran’s Claim for Service Connection for Melanoma

CCK successfully appealed to the Court of Appeals for Veterans Claims a Board decision that denied reopening the Veteran’s claim for service connection for status-post excision of melanoma of middle-to-lower back. The Veteran was originally denied service connection for malignant melanoma as a result of exposure to herbicides in May 2008. The basis of denial was that a presumption of service connection based on exposure to herbicides used in Vietnam is not warranted for any conditions other than those which VA has found a positive association exists between exposure and the subsequent development of certain conditions. After the decision, Appellant provided testimony that he first noticed melanoma on his back during service, but did not pay much attention to it for several years. In the decision that was appealed, the Board stated that new and material evidence had not been received.

Court Agrees with CCK’s Argument that the Board Failed to Provide Adequate Reasons in Determining that New and Material Evidence Had Not Been Submitted

CCK argued, and the Court agreed, that the Board failed to provide adequate reasons or bases when it determined that new and material evidence had not been submitted to reopen a claim for entitlement to service connection for residuals of a melanoma of the low back. The Court vacated the Board’s decision and remanded the case back to the Board for further adjudication.

To read Court’s decision, click here.

Category: Court Wins