Citation Nr: 18154406 Decision Date: 11/29/18 Archive Date: 11/29/18 DOCKET NO. 16-03 609 DATE: November 29, 2018 REMANDED Entitlement to service connection for skin cancer is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1966 to August 1968. 1. Entitlement to service connection for skin cancer is remanded. The Veteran has stated that he receives Social Security Disability Insurance (SSDI). See Statement in Support of Claim received in April 2011. Thus, the Social Security Administration (SSA) may have records that are relevant to this claim. There is no indication that the claimed skin cancer was not part of the SSDI application. Thus, all records related to the Veteran’s application for and receipt of SSDI should be sought and obtained from the SSA, if possible. The Veteran has also indicated that he received relevant treatment from a Dr. J. S. and a Dr. D. L. See VA Form 21-4142, Authorization and Consent to Release Information to the Department of Veterans Affairs (VA) received in May 2014; VA Form 21-4142, Authorization and Consent to Release Information to VA received in May 2014. Although it does appear that the Veteran submitted some of his records from those providers, it is not clear whether all of his relevant records from those providers have been obtained. Thus, any and all outstanding records from those providers should also be sought and obtained, if possible. The record also reflects that the Veteran has received recent relevant treatment at a VA medical center (VAMC) since his VAMC records were last obtained and added to his claims file. See VA Form 27-0820, Report of General Information dated in July 2018. Thus, any more recent outstanding VA treatment records should be sought and obtained. Finally, the Veteran has submitted evidence that he has a current diagnosis of skin cancer and has claimed that it was a result of his exposure to the sun while serving on active duty in southeast Asia. He has not yet been afforded a VA examination, and the Board finds that on remand, he should be afforded a VA examination for the purpose of determining the etiology of his claimed skin cancer. The Board also notes that certain cancers can be presumptively service connected for Veterans that served in Vietnam based on exposure to certain herbicide agents. See 38 C.F.R. § 3.307(a)(6), 3.309(e). The Veteran’s DD Form 214 shows that he was awarded the Vietnam Service Medal and the Vietnam Campaign Medal. Based on these facts, the Board finds that, in addition to opining on the etiology of the Veteran’s skin cancer in general, the examiner should also be asked to opine on whether the Veteran’s skin cancer is one of the cancers listed in 38 C.F.R. § 3.309(e) and on whether the Veteran’s skin cancer is at least as likely as not caused by any exposure to herbicide agents in Vietnam. The matter is thus REMANDED for the following action: 1. Obtain complete SSA disability records for the Veteran, to include underlying medical records upon which any SSA disability decision was based. If such records are unavailable, the Veteran’s claims file must be clearly documented to that effect and the Veteran notified in accordance with 38 C.F.R. § 3.159(e). 2. Ask the Veteran to complete a VA Form 21-4142 for all private medical providers that he has sought medical treatment from in relation to his claimed skin cancer. Make two requests for any outstanding records from all such providers (including Dr. J. S. and Dr. D. L., if applicable) unless it is clear after the first request that a second request would be futile. 3. Obtain any and all of the Veteran’s outstanding VA treatment records, including for the period from July 2017 to present. 4. Schedule the Veteran for a VA skin examination by an appropriate clinician to determine the nature and etiology of any skin cancer. The examiner must opine whether such diagnosis is at least as likely as not (a 50 percent or greater probability) related to an in-service injury, event, or disease, including the Veteran’s sun exposure while serving on active duty in Asia. The examiner should also be asked to opine on whether the Veteran’s skin cancer is at least as likely as not related to in-service herbicide agent exposure. Finally, the examiner should also be asked to opine on whether the Veteran’s skin cancer can be classified as one of the cancers listed in 38 C.F.R. § 3.309(e), which include: multiple myeloma; non-Hodgkin’s lymphoma; and soft-tissue sarcoma (other than osteosarcoma, chondrosarcoma, Kaposi’s sarcoma, or mesothelioma) (which is detailed more fully in 38 C.F.R. § 3.309(e), Note 1). (Continued on the next page) All opinions must be supported by a rationale. A. C. MACKENZIE Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD C. Banks, Associate Counsel