Citation Nr: 18160271 Decision Date: 12/27/18 Archive Date: 12/26/18 DOCKET NO. 18-10 591 DATE: December 27, 2018 ORDER Entitlement to service connection for residuals of a cold weather injury of the left hand is denied. Entitlement to service connection for residuals of a cold weather injury of the right hand is denied. REMANDED Entitlement to service connection for a skin disability, including skin cancer, is remanded. FINDINGS OF FACT 1. The Veteran has not been diagnosed with a cold weather injury or residuals of a cold weather injury of his left hand. 2. The Veteran has not been diagnosed with a cold weather injury or residuals of a cold weather injury of his right hand. CONCLUSIONS OF LAW 1. The criteria for service connection for residuals of a cold weather injury of the left hand are not met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). 2. The criteria for service connection for residuals of a cold weather injury to the right hand are not met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from July 1950 to September 1953. This matter is before the Board of Veterans' Appeals (Board) on appeal an August 2016 rating decision of a Regional Office (RO) of the Department of Veterans Affairs (VA). The Veteran requested a Board hearing at the local RO in his February 2018 substantive appeal (VA Form 9 ). A hearing was scheduled for October 24, 2018. The Veteran did not attend. The record reflects two notice letters with the hearing date, time, and location were mailed to the Veteran’s last known address prior to the hearing date. The Veteran has not provided an explanation for his absence or requested a rescheduled hearing. Thus, his hearing request is deemed withdrawn. See 38 C.F.R. § 20.704(d). The Veteran’s April 2016 claim included an assertion of both a skin condition and skin cancer related to exposure to cold weather during military service. Medical records documenting the removal of skin growths, including cancerous growths, from the Veteran’s face, back and leg were provided with his initial claim. His claim has been recharacterized as one for a skin disability, including skin cancer, to reflect the broader range of skin conditions asserted in the original claim. See Clemons v. Shinseki, 23 Vet. App. 1, 5 (2009). Service Connection 1. Entitlement to service connection for residuals of a cold weather injury of the left hand 2. Entitlement to service connection for residuals of a cold weather injury of the right hand Service connection will be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110; 38 C.F.R. § 3.303. The evidence must show (1) the existence of a current disability, (2) an in-service incurrence or aggravation of a disease or injury, and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004). The existence of a current disability is the cornerstone of a claim for VA disability compensation. Degmetich v. Brown, 104 F.3d 1328 (Fed. Cir. 1997); see also Brammer v. Derwinski, 3 Vet. App 223 (1992). When there is an approximate balance of positive and negative evidence regarding any material issue, reasonable doubt will be resolved in favor of the Veteran. 38 U.S.C. § 5107; 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49 (1991). Here, the record establishes the Veteran’s service records are unavailable as they were destroyed in a 1973 fire at the National Personnel Records Center. In such cases, there is a heightened obligation to assist the Veteran in the development of the case, to explain findings and conclusions, and to consider carefully the benefit of the doubt rule. See Washington v. Nicholson, 19 Vet. App. 362, 369-70 (2005); see also Cromer v. Nicholson, 19 Vet. App. 215, 217 (2005) (citing O'Hare v. Derwinski, 1 Vet. App. 365, 367 (1991)). However, the legal standard for proving a claim for service connection is not lowered. Rather, it increases the Board’s obligation to evaluate and discuss in its decision all of the evidence that may be favorable to the claimant. See Russo v. Brown, 9 Vet. App. 46 (1996). The Veteran claimed service connection for right and left-hand disabilities related to cold weather. A January 2018 VA cold injury residuals examination was provided. The Veteran described sensitivity to temperature changes in his hands and numbness in his fingertips. He did not report being diagnosed with frost bite at any time. He denied pain. He recalled “issues with the cold weather in his hands while stationed in Alaska.” The examiner determined that the Veteran had never been diagnosed with a cold weather injury and did not currently suffer from any cold weather injury. No other medical evidence of treatment related to a cold weather injury to the Veteran’s hands is of record. While the Veteran is competent to report his symptoms, he is not able to provide a medical diagnosis of a cold weather injury. Jandreau V. Nicholson, 492 F.3d 1372, 1376-77 (Fed. Cir. 2007). The only competent evidence of record, the January 2018 VA examination, indicates there are no residuals of a past cold weather injury of the Veteran’s hands. As the evidence is not in equipoise as to this issue, the benefit of the doubt rule is not applicable. See Gilbert, supra. Service connection is not warranted. See Brammer, supra. REASONS FOR REMAND Entitlement to service connection for a skin disability, including skin cancer, is remanded. The duty to assist requires VA provide an examination when the record contains competent evidence that the claimant has a current disability or signs and symptoms of a current disability, the record indicates that the disability or signs and symptoms of disability may be associated with military service, and the record does not contain sufficient information to make a decision on the claim. 38 U.S.C. § 5103A(d) (2012); McLendon v. Nicholson, 20 Vet. App. 79, 83 (2006). The Veteran claims service connection for a skin disability, including skin cancer. Although military personnel records are unavailable, his service at Elmendorf Air Force Base in Alaska has been confirmed. The Veteran asserts in his VA form 9, that while stationed in Alaska, he was exposed extreme cold and extended hours of sunlight without skin protection. He submitted medical records indicating he has been treated for skin growths including skin cancers. The duty to assist by providing a VA examination is triggered. See McLendon, supra. The matter is REMANDED for the following action: 1. Ask the Veteran to complete a VA Form 21-4142 for any medical treatment provider or facility that may have records related to his claim for any skin condition. Make two requests for the authorized records from any treatment provider or facility identified, unless it is clear after the first request that a second request would be futile. 2. Obtain the Veteran’s VA treatment records for the period from January 2018 to the present. (Continued on the next page)   3. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any skin disability, including skin cancer. The examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease, including exposure to sun and/or cold weather while the Veteran was stationed in Alaska. M. HYLAND Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Jeanne Celtnieks, Associate Counsel