Citation Nr: A26014792 Decision Date: 02/18/26 Archive Date: 02/18/26 DOCKET NO. 250822-578834 DATE: February 18, 2026 ORDER Service connection for lymphoma, to include both non-Hodgkins and Hodgkin's disease, is granted. Service connection for skin cancer is granted. FINDINGS OF FACT 1. Resolving all doubt in the Veteran's favor, his diagnosed non-Hodgkin's and Hodgkin's lymphoma are related to his active-duty service, to include his conceded exposure to herbicide agents and asbestos while serving aboard a Navy vessel. 2. Resolving all doubt in the Veteran's favor, his currently diagnosed skin cancer is related to his military service. CONCLUSIONS OF LAW 1. The criteria for entitlement to service connection for lymphoma, diagnosed as non-Hodgkin's and Hodgkin's lymphoma, have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. 2. The criteria for service connection for skin cancer have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from August 1961 to August 1965. In August 2025, the Veteran submitted a VA Form 20-0996, Decision Review Request: Higher-Level Review (HLR), and requested review of January and February 2025 rating decisions. In July 2024, the agency of original jurisdiction (AOJ) issued the HLR decision on appeal, which considered the evidence of record at the time of the initial rating decision. In the August 2024 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement) (NOD), the Veteran elected the Direct Review option; therefore, the Board may only consider the evidence of record at the time of the AOJ decision on appeal. 38 C.F.R. § 20.301. The Board notes that less than one year has elapsed since the issuance of the February 27, 2025 rating decision on appeal. Generally, the Board may not decide an appeal prior to the expiration of the one-year period. Williams v. McDonough, 37 Vet. App. 305 (2024). However, as the Board herein grants the benefit sought on appeal in full, there is no prejudice to the Veteran in proceeding. 1. Entitlement to service connection for lymphoma. Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a). Service connection may also be granted for any disease diagnosed after discharge, when all of the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). Direct service connection may not be granted without evidence of a current disability; in-service incurrence or aggravation of a disease or injury; and a nexus between the claimed in-service disease or injury and the present disease or injury. Id.; see also Caluza v. Brown, 7 Vet. App. 498, 506 (1995) aff'd, 78 F.3d 604 (Fed. Cir. 1996). Where a veteran served for at least 90 days during a period of war or after December 31, 1946, and manifests certain chronic diseases, such as malignant tumors, to a degree of 10 percent within one year, from the date of termination of such service, such disease shall be presumed to have been incurred or aggravated in service, even though there is no evidence of such disease during the period of service. 38 U.S.C. §§ 1101, 1112, 1137; 38 C.F.R. §§ 3.307, 3.309. Alternatively, when a disease at 38 C.F.R. § 3.309(a) is not shown to be chronic during service or the one-year presumptive period, service connection may also be established by showing continuity of symptomatology after service. 38 C.F.R. § 3.303(b). However, the use of continuity of symptoms to establish service connection is limited only to those diseases listed at 38 C.F.R. § 3.309(a) and does not apply to other disabilities which might be considered chronic from a medical standpoint. See Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir. 2013). The law also provides a presumption of service connection for certain diseases, to include non-Hodgkin's lymphoma, associated with exposure to herbicide agents, that become manifest to a certain degree within a specified time period, even if there is no record of evidence of such disease during the period of service. 38 U.S.C. § 1116 (a)(2); 38 C.F.R. § 3.309 (e). For purposes of the presumption, "herbicide agents" are 2,4-D, 2,4,5-T, and its contaminant TCDD, cacodylic acid, and picloram. 38 C.F.R. § 3.307 (a)(6)(i). As relevant to the instant case, veterans who, during active military, naval, or air service, served in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975, are presumed to have been exposed to herbicide agents. 38 U.S.C. §§ 1116, 1116A, 1116B; 38 C.F.R. § 3.307 (a)(6). In the instant case, the AOJ favorably found that the Veteran was exposed to herbicide agents coincident with service in the Republic of Vietnam and that he has current diagnoses of both Hodgkin's and non-Hodgkin's lymphomas. The Board is bound by such favorable findings. 38 C.F.R. § 3.104(c). Accordingly, based on these provisions and the facts of the case, the Board finds that service connection is presumptively warranted for the Veteran's non-Hodgkin's lymphoma based on his acknowledged in-service herbicide agent exposure. Additionally, while Hodgkin's lymphoma is not included in the list of diseases presumptively related to exposure to herbicide agents, a veteran is not precluded from establishing service connection with proof of direct causation. Combee v. Brown, 34 F.3d 1039, 1042 (Fed. Cir. 1994). In this regard, the Board finds dispositive two positive VA nexus opinions issued in November 2024 and January 2025. In this regard, the first examiner considered all evidence of record and concluded that it was at least as likely as not that the Veteran's Hodgkin's lymphoma was due to his in-service herbicide agent exposure. Following another review of the Veteran's medical history and all other evidence of record, a second examiner came to the same conclusion in January 2025. In support of these opinions, both examiners referenced specific aspects of the Veteran's medical history which indicated that herbicide agent exposure was the most likely cause of both types of lymphoma with which he has been diagnosed and treated. Therefore, based on the foregoing opinions from competent medical professionals who considered all relevant facts and accepted medical principles, and provided a rationale for their opinions, the Board resolves all doubt in the Veteran's favor and finds that his currently diagnosed Hogkin's lymphoma is also related to his in-service exposure to herbicide agents. Thus, service connection for both Hodgkin's and non-Hodgkin's lymphoma is warranted. 38 U.S.C. § 5107; 38 C.R.F. § 3.102. 2. Entitlement to service connection for skin cancer. The Veteran similarly believes that his currently diagnosed skin cancer is related to his military service. He, therefore, claims entitlement to service connection for such disorder. As was the case with Hodkin's lymphoma, skin cancer is not included in the list of diseases presumptively related to exposure to herbicide agents. However, the Veteran is, again, not precluded from establishing service connection with proof of direct causation. Combee, supra. In this instant case, the AOJ favorably found that the Veteran has current diagnoses of malignant, squamous cell, and basal cell carcinoma. Accordingly, the question remains whether such is directly related to military service. Again, the Board finds most relevant to this question a December 2024 VA nexus opinion which directly links the Veteran's current skin cancers to his exposure to sunlight, of which he had a considerable amount while on active-duty service in Hawaii and aboard USS Bon Homme Richard (CV 31). Therefore, based on the foregoing opinion from a competent medical professional who considered all relevant facts and accepted medical principles, and provided a rationale for their opinion, the Board resolves all doubt in the Veteran's favor and finds that his currently diagnosed skin cancers are related to his in-service exposure to UV light. Thus, service connection for such disorders is warranted. 38 U.S.C. § 5107; 38 C.R.F. § 3.102. Marcus N. Fulton Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Breckenridge 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.