Citation Nr: 21064616
Decision Date: 10/21/21	Archive Date: 10/21/21

DOCKET NO. 17-50 480
DATE: October 21, 2021

REMANDED

Entitlement to an initial compensable rating for malignant melanoma (claimed as left side neck lymphadenectomy) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 2012 to October 2016. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2017 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).

The Board notes that the Veteran's service-connected malignant melanoma is rated under Diagnostic Code (DC) 7833, which indicates that the disability should be rated as scars under DCs 7800-7805 or based on impairment of function under the appropriate body system. Following a thorough review of the claims file, the Board observes the Veteran's most recent VA examinations to address the nature and current severity of either her service-connected malignant melanoma or her scars were in February 2017. The Veteran reported in her subsequent July 2017 Notice of Disagreement (NOD) that she is still subject to post-surgical observation by her dermatologist every three months and that occasional X-rays are still required. When available evidence is too remote in time for an adequate evaluation of the Veteran's current condition, VA's duty to assist includes providing a new examination. See Weggenmann v. Brown, 5 Vet. App. 281 (1993). The Board is not satisfied that the separate February 2017 VA skin and VA scar examinations are sufficiently contemporaneous for rating purposes. New VA examinations are necessary.

The matters are REMANDED for the following action:

After completing any additional development deemed necessary, afford the Veteran an appropriate VA examination to determine the nature and current severity of her malignant melanoma and scars. The most up-to-date Disability Benefits Questionnaire must be used. The examiner is specifically asked to comment on the current treatment, if any, for the Veteran's malignant melanoma. The examiner is also asked to identify the number, location, size, and other relevant characteristics of all service-connected scars associated with the Veteran's malignant melanoma.

All opinions and conclusions must be supported by a full rationale. 

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Banks, Associate Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.