Citation Nr: 18149210 Decision Date: 11/09/18 Archive Date: 11/08/18 DOCKET NO. 16-16 007 DATE: November 9, 2018 ORDER Service connection for residuals of frostbite of the left side of the face, to include the left ear is granted. Service connection for skin cancer of the left ear is granted. Service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), is granted. FINDINGS OF FACT 1. The Veteran’s residuals of frostbite of the left side of the face was caused by his in-service frostbite injury of the left ear. 2. The Veteran’s skin cancer of the left ear was caused by his in-service frostbite injury of the left ear. 3. The weight of the evidence supports the finding that the Veteran has PTSD that was caused by in-service stressors. CONCLUSIONS OF LAW 1. The criteria for service connection for residuals of frostbite on the left side of the Veteran’s face, to include the left ear have been met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304. 2. The criteria for service connection for skin cancer of the left ear have been met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304. 3. The criteria for service connection for an acquired psychiatric disorder, to include PTSD have been met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active service from May1958 to May 1962. Service Connection Service connection will be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred in or aggravated by active military service. 38 U.S.C. § 1131; 38 C.F.R. § 3.303. Service connection requires competent evidence showing: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service (nexus). Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). 1. Residuals of Frostbite of Left Face The Veteran is seeking service connection for residuals of frostbite of the left side of his face, to include the left ear, which he believes resulted from a frostbite injury of his left ear that occurred during his military service. The Veteran’s claim was denied by a final rating decision in August 2013 and its reopening was denied by a September 2014 rating decision. As the Veteran has provided new and material evidence such as medical literature from the University of Maryland and weather log in January 1959 to substantiate his claim, the Board finds that reopening of the claim is warranted and the claim is therefore reopened. At an August 2018 Board hearing, the Veteran testified that in January 1959 while he was in service, he was forced to walk in severe winter weather for miles without protection for his head after his hat was blown off. As a result, he suffered severe frostbite of both ears and was hospitalized for his injury. He testified that he had residuals of frostbite of his left side of the face, such as constant pain, change of skin color on the left ear and inability to sleep on his left side of the face. The Veteran’s recollection of the event was exceptionally vivid and he is found to be a credible historian by the Board. The Veteran’s private physician Dr.M. provided a medical opinion in November 2017 indicating that the Veteran’s pain on laying down on the left side of his face and the discoloration present on the left ear were caused by frostbite of his left ear. This was consistent with the medical literature from the University of Maryland provided by the Veteran, indicating possible complications of frostbite include pain and color change. As such, the Board finds that the Veteran has current disability of frostbite residuals caused by frostbite injury of the left ear. Service treatment records (STRs) from January 1959 confirm that the Veteran was hospitalized for treatment of frostbite in his right ear, although the records do not specifically mention his left ear. However, the Board finds that the Veteran’s testimony regarding the in-service injury of frostbite of the left ear is credible, as it is consistent with the circumstances of how the injury had occurred, and is corroborated by the weather log showing severe winter weather at the time and place where the injury occurred, which suggests that walking in such severe cold weather for hours without protection of head could cause frostbite of both ears, even though STRs only document the frostbite of right year. To this end, the Veteran provided a weather log showing that the temperature during January 1959 at Rockland Breakwater Light Station where his frostbite injury occurred was between -2 degrees and 8 degrees. As such, the evidence supports a finding of in-service injury of frostbite of the left ear. As the evidence shows current frostbite residuals (pain and discoloration, etc.) that was caused by an in-service frostbite injury of the left ear, service connection for frostbite residuals of the left face, to include the left ear is granted. 2. Skin Cancer of Left Ear The Veteran is seeking service connection for skin cancer of his left ear, which he believes resulted from his service connected frostbite injury of his left ear. The Veteran was afforded a VA examination in March 2016, at which he was diagnosed with skin cancer of the left ear, specifically, squamous cell carcinoma (SCC). The examiner opined that based on the evidence of record, the Veteran’s statements and the reconstruction of the cold exposure injury, it was very likely that the Veteran’s both ears sustained severe cold weather injury in January 1959, and it was at least as likely as not that the left ear’s SCC is due to or the result of the frostbite injury in January 1959. Records of the Veteran’s dermatologist Dr.S. show that a pathology report in August 2013 confirmed SCCA of the left ear, which according to Dr. S. was more likely than not a result of the frostbite of the left ear occurred many years ago. Dr. S.’s opinion and the VA examiner’s opinion in March 2016 are consistent with the medical literature from the University of Maryland provided by the Veteran, indicating the possible complications of frostbite include skin cancer. As the medical professionals have reached consensus that that the Veteran’s left ear skin cancer was caused by his in-service frostbite of the left ear, service connection for skin cancer of the left ear is granted. 3. Acquired Psychiatric Disorder to include PTSD The Veteran is seeking service connection for an acquired psychiatric disorder to include PTSD, which he believes resulted from stressful events he experienced in service. Service connection for PTSD specifically requires that the record show: (1) a current medical diagnosis of PTSD in accordance with 38 C.F.R.§ 4.125, (2) combat status or credible supporting evidence that the claimed in-service stressor actually occurred; (3) medical evidence of a causal nexus between diagnosed PTSD and the claimed in-service stressor. 38 C.F.R. § 3.304 (f); see also Cohen v. Brown, 10 Vet. App. 128 (1997). At the August 2018 Board hearing, the Veteran testified that in he had several in-service stressors, which included his failed rescue task when he carried two drowning boys from the water onto the boat but later found that they were dead; his mission to clean up an airplane crash site where he handled the dead corpses and smelled the burning bodies; and a shipwreck accident happened in approximately 1960 or 1961 when the ship he was on named Yakutat split open and became unseaworthy. The Veteran and his crewmates were able to temporarily plug the holes with mattresses, and drifted for about a day and half before being rescued by a Navy tug boat. During this time, the Veteran feared for his life, as the water his ship was in was freezing. The Veteran’s service personnel records show that the Veteran served on Yakutat between April 1960 and January 1961, which is consistent with the circumstances of the shipwreck stressor described by the Veteran, therefore, the in-service stressor is conceded. Moreover, the Veteran’s testimony about the incident is corroborated by the fact that the Veteran has been telling the same story to his wife for decades, including many years before he ever sought service connection for a disability resulting from that accident. The next step is to determine whether there is a current diagnosis of PTSD and whether there is a causal link between the PTSD and the in-service stressor. The VA treatment records show that the Veteran was treated for his PTSD since 2012. An October 2015 VA examination shows the diagnosis of PTSD and the examiner opined that the Veteran’s PTSD was linked to the corroborated events during his service. As such, service connection for an acquired psychiatric disorder (to include PDSD) is granted. MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Q. Wang, Associate Counsel