Citation Nr: 1551887	
Decision Date: 12/10/15    Archive Date: 12/16/15

DOCKET NO.  14-17 762	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Providence, Rhode Island


THE ISSUE

Entitlement to service connection for a skin condition, claimed as malignant melanoma.  


REPRESENTATION

Appellant represented by:	Disabled American Veterans


WITNESS AT HEARING ON APPEAL

Appellant


ATTORNEY FOR THE BOARD

E. D. Anderson, Counsel


INTRODUCTION

The Veteran served on active duty from May 1952 to July 1971.  

This matter is before the Board of Veterans' Appeals (Board) on appeal of a July 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Providence, Rhode Island, that denied service connection for malignant melanoma.  

In July 2015, the Board remanded this matter to the RO via the Appeals Management Center (AMC) in Washington, D.C. to afford the Veteran a hearing before a member of the Board.  The action specified in the July 2015 Remand completed, the matter has been properly returned to the Board for appellate consideration.  See Stegall v. West, 11 Vet. App. 268 (1998). 

The Veteran testified before the undersigned Veterans Law Judge at a November 2015 videoconference hearing, and a transcript of this hearing is of record.

As an initial matter, the Board notes that while the Veteran's claim is framed as a claim for entitlement to service connection for malignant melanoma, based on the Veteran's hearing testimony and a statement from his treating dermatologist, it appears that the Veteran actually has several skin conditions that he has alleged are related to service.  Accordingly, the Board has broadened the scope of the Veteran's claim to include any skin disability.  See Clemons v. Shinseki, 23 Vet. App. 1 (2009) (the scope of a disability claim includes any disability that may reasonably be encompassed by the Veteran's description of the claim, reported symptoms, and other information of record).

This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2015).  38 U.S.C.A. § 7107(a)(2) (West 2014).


FINDING OF FACT

The Veteran's malignant melanoma, actinic keratosis, and squamous cell carcinoma in situ were caused by or related to his active military service.


CONCLUSION OF LAW

The criteria for entitlement to service connection for a skin condition, to include malignant melanoma, actinic keratosis, and squamous cell carcinoma in situ, have been met.  38 U.S.C.A. §§ 101, 1110, 1112, 1131 (West 2014); 38 C.F.R. § 3.303 (2015).  


REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran is seeking entitlement to service connection for a skin condition, claimed as malignant melanoma, which he has argued developed due to sun exposure during his approximately twenty years of active naval service.

Service connection may be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred or aggravated in active military service.  38 U.S.C.A. §§ 1110, 1131 (West 2014); 38 C.F.R. § 3.303(a) (2015).  In general, service connection requires competent and credible evidence of (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a nexus between the claimed in-service disease or injury and the current disability.  See Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004).

Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service.  38 C.F.R. § 3.303(d) (2015). 

In a May 2015 letter, the Veteran's private dermatologist, Dr. R.W. stated,

[The Veteran] had a malignant Melanoma removed at Mass General Hospital on 10/16/2007.  He is currently being treated for precancers skin lesions (Actinic Keratosis) and Squamous Cell Carcinoma in Situ.  These are caused by excessive exposure to sunlight.  Patient's tours of sea duty during his twenty years in the navy contributed to the above skin conditions, and the major factor being sun exposure.

Based on the above medical opinion, entitlement to service connection for malignant melanoma, actinic keratosis, and squamous cell carcinoma in situ is granted.  Gilbert v. Derwinski, 1 Vet. App. 49 (1990); 38 U.S.C.A. § 5107(b); 38 C.F.R. § 3.102 (2015).


ORDER

Entitlement to service connection for malignant melanoma, actinic keratosis, and squamous cell carcinoma in situ is granted.  



____________________________________________
BRADLEY W. HENNINGS
Veterans Law Judge, Board of Veterans' Appeals
Department of Veterans Affairs