Citation Nr: 18155876 Decision Date: 12/06/18 Archive Date: 12/06/18 DOCKET NO. 16-47 750 DATE: December 6, 2018 ORDER New and material evidence having been received, reopening of the claim of entitlement to service connection for skin cancer (claimed as a skin condition, to include compound nevus, melanocytic nevus, dysplasia, and growths of head and right leg), to include as due to herbicide agent exposure, is granted. REMANDED Entitlement to service connection for skin cancer is remanded. FINDINGS OF FACT 1. In an unappealed August 2009 rating decision, the Veteran was denied entitlement to service connection for a skin condition. 2. The evidence associated with the record subsequent to the August 2009 rating decision is not cumulative or redundant, and raises a reasonable possibility of substantiating the claim of entitlement to service connection for skin cancer. CONCLUSION OF LAW New and material evidence has been received sufficient to reopen a claim of entitlement to service connection for skin cancer. 38 U.S.C. §§ 5108, 7104, 7105 (2012); 38 C.F.R. § 3.156 (2018). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran had active military service from October 1966 to October 1969, to include service in the Republic of Vietnam. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an April 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Boston, Massachusetts. Claim to Reopen – Skin Cancer In the August 2009 rating decision, the Veteran was denied entitlement to service connection for a skin condition on a finding that the Veteran did not have a skin condition that was related to his active service. The Veteran attempted to appeal that decision but did not file a timely VA Form 9. Thus, the August 2009 rating decision is final. The pertinent evidence received since the August 2009 rating decision includes evidence indicating that the Veteran has skin cancer that may be etiologically related to his active service. In this regard, a May 2015 VA Form 21-4138 Statement in Support of Claim submitted by the Veteran’s wife indicates that the Veteran began having a rash in his inner right thigh, back, and head shortly after separation from active service and since. That evidence is new and material. In this regard, it has not been previously considered by VA and it raises a reasonable possibility of substantiating the claim of entitlement to service connection for skin cancer. Accordingly, reopening of the claim of entitlement to service connection for skin cancer is warranted. REASONS FOR REMAND Service Connection – Skin Cancer The Board notes that the Veteran has consistently asserted that he has skin cancer as a result of his active service. In this regard, the Veteran has stated that he developed skin cancer as a result of herbicide agent exposure while stationed in the Republic of Vietnam. Further, the Veteran has stated that his skin cancer first manifested shortly after separation from active service in the form of a rash. In light of the Veteran’s statements and his current diagnoses of basil cell epithelioma, melanocytic nevus, and dysplasia, the Board concludes that the Veteran should be afforded a VA examination to determine the nature and etiology of any current skin cancer, to include as due to herbicide agent exposure. McLendon v. Nicholson, 20 Vet. App. 79 (2006). The matter is REMANDED for the following action: 1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file. 2. Then, schedule the Veteran for a VA examination to determine the nature and etiology of any currently present skin cancer, or current residuals of such. The claims file must be made available to, and reviewed by the examiner. Any indicated studies should be performed. Based on the examination results and the review of the record, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that any currently present skin cancer, to include residuals of such, is etiologically related to the Veteran’s active service, to include in-service exposure to herbicides. The examiner should consider all lay statements of record, to include the statements from the Veteran and his spouse regarding the onset and continuity of his symptoms. The rationale for all opinions expressed must be provided. 3. Confirm that the VA examination report and all opinions provided comport with this remand, and undertake any other development found to be warranted. 4. Then, readjudicate the issue on appeal. If the decision remains adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board. Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Mariah N. Sim, Associate Counsel