Citation Nr: 21040742
Decision Date: 07/06/21	Archive Date: 07/06/21

DOCKET NO. 16-48 359
DATE:  July 6, 2021

REMANDED

Entitlement to service connection for a psychiatric disability claimed as anxiety, as secondary to service-connected status post melanoma, left shoulder, with radical excision and asymptomatic scar, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 2006 to February 2010. 

This matter originates from a January 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) that denied a compensable rating for the Veteran's service-connected status post melanoma in SITU of the left shoulder with radical excision and asymptomatic scar. In appealing this determination to the Board, the appellant asserted that she developed anxiety due to her fear of having a recurrence of melanoma and that this alone was reason to support a higher rating. 

In April 2019, the Board denied the Veteran's claim for a compensable rating for her service-connected status post melanoma of the left shoulder with radical excision and asymptomatic scar. The Veteran appealed this decision to the Court of Appeals for Veterans Claims (Court). In a Memorandum Decision in December 2020, the Court dismissed the Veteran's claim for a compensable rating for her service-connected status post melanoma of the left shoulder with radical excision and asymptomatic scar, and found that the claim for service connection for anxiety as secondary to her status post melanoma of the left shoulder with radical excision and asymptomatic scar had been reasonably raised by the record, but inadequately addressed by the Board. Thus, the Court remanded the matter back to the Board for proper development and adjudication of this issue. The matter is once again before the Board. 

In addressing the theory of service connection for anxiety as being proximately related to or caused by the Veteran's service-connected status post melanoma of the left shoulder with radical excision and asymptomatic scar pursuant to 38 C.F.R. § 3.310, the Board finds that a remand is necessary to provide the Veteran with proper VCAA notice regarding secondary service connection and to afford her the opportunity to submit any additional evidence in support of her claim. In this regard, to establish service connection for a claimed disability on a secondary basis, there must be (1) medical evidence of a current disability; (2) a service-connected disability; and (3) medical evidence of a nexus between the service-connected disease or injury and the current disability. Wallin v. West, 11 Vet. App. 509, 512 (1998).

Accordingly, the matter is REMANDED for the following action:

1. Provide the Veteran with appropriate notice regarding her claim for service connection for a psychiatric disability claimed as anxiety as secondary to service-connected status post melanoma, left shoulder, with radical excision and asymptomatic scar and afford her the opportunity to submit any additional evidence in support of her claim.

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2. Thereafter, after conducting any additional development deemed necessary, adjudicate the Veteran's claim for service connection for a psychiatric disability claimed as anxiety, as secondary to service-connected status post melanoma, left shoulder, with radical excision and asymptomatic scar. If the benefit sought on appeal cannot be granted, the Veteran should be furnished a supplemental statement of the case.

 

Kristin Haddock

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Shawkey, Anne M.

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.