Citation Nr: 18155010 Decision Date: 12/04/18 Archive Date: 12/03/18 DOCKET NO. 15-31 245A DATE: December 4, 2018 REMANDED Entitlement to service connection for skin cancer, claimed as due to exposure to ionizing radiation, is remanded. REASONS FOR REMAND The Veteran had active military service from February 1954 to February 1957. He died in March 2012. The appellant is his surviving spouse. Prior to his death the Veteran had four service connection claims pending with the Department of Veterans Affairs (VA), including one for skin cancer received by an agency of original jurisdiction (AOJ) in September 2011. According to VA correspondence dated in September 2018, the AOJ received the appellant’s claim for substitution in April 2012. The AOJ determined that the appellant was a proper substituted claimant in September 2018. Accordingly, as the appellant has been substituted as the claimant in this case, the Veteran’s appeal is continued. See 38 U.S.C. § 5121A. As noted, prior to his death the Veteran had a service connection claim for skin cancer pending with VA. In a September 2011 statement in support of his claim for skin cancer he requested assistance from VA in locating records of his “on-site participation” in 13 atomic bomb tests at Camp Desert Rock, Nevada. He reported he was attached to the 532 Observation Battalion, where his duties kept him within 4 to 7 miles of all 13 atomic tests between February 1955 and August 1955. He stated there were ten tower tests, one air drop atomic test, and two underground tests. He stated he left Fort Sill, Oklahoma in February 1955 to participate in these tests at Camp Desert Rock. He noted further that he was given a “Q” clearance with the Department of Atomic Energy Commission in order to participate. The Veteran’s 2011 request for assistance with corroborating the claimed radiation exposure has not been addressed. The AOJ has not conducted development to verify the Veteran’s assertions, nor has there been an attempt to associate his military personnel or unit records with the claims file. These must be accomplished on remand. The appellant submitted an April 2014 medical statement by Dr. MGM, who treated the Veteran on four separate occasions between 2002 and 2011 at a dermatology clinic for numerous actinic keratoses. In July 2002 Dr. MGM surgically excised a basosquamous cell carcinoma located the superior crura of the Veteran’s left ear and a basal cell carcinoma located on the concha of his right ear. The appellant had informed Dr. MGM that the Veteran had been exposed to radiation during military service. Based upon that information, Dr. MGM stated that it is possible that exposure to radiation during the Veteran’s military service could have contributed to the development of his cutaneous carcinomas. The Board finds that a medical nexus opinion is necessary to make a determination in this matter. The matter is REMANDED for the following action: 1. Send a letter requesting ionizing radiation dosimetry information to the appropriate Department of Defense office, based on the Veteran’s assertions to his alleged exposure to ionizing radiation. The AOJ must make a formal finding accepting or rejecting the Veteran’s allegation of on-site participation. 2. Conduct development to corroborate the Veteran’s allegation that he had “on-site participation” in 13 atomic bomb tests at Camp Desert Rock, Nevada. He was attached to the 532 Observation Battalion, where his duties kept him within 4 to 7 miles of all 13 atomic tests between February 1955 and August 1955. 3. Conduct development to corroborate the Veteran’s allegation that he was given a “Q” clearance with the Department of Atomic Energy Commission in order to participate. 4. Process the claim in accordance with the guidelines in 38 C.F.R. § 3.311. 5. After completing the above development, request a medical nexus opinion by an appropriate VA medical provider. The medical opinion provider must review all pertinent evidence in the Veteran’s claims file, including this Remand and the medical statement by Dr. MGM, regarding the Veteran skin cancer and prepare an opinion to address whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s skin cancer had its onset in service or is otherwise related to service, specifically to the Veteran’s claimed exposure to ionized radiation in service. (Continued on the next page)   A detailed rationale is requested for any opinion provided. A. C. MACKENZIE Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. Young, Counsel