Citation Nr: 18100663
Decision Date: 04/19/18	Archive Date: 04/19/18

DOCKET NO. 15-26 414
DATE:	April 19, 2018
ISSUES DECIDED:	1	ISSUES REMANDED:	0
 
ORDER
Service connection for sebaceous cysts is granted.
FINDING OF FACT
The evidence is at least in equipoise as to whether the Veteran’s sebaceous cysts, first manifesting soon after separation from service, are related to in-service sun exposure. 
CONCLUSION OF LAW
The criteria for service connection for sebaceous cysts are met.  38 U.S.C. §§ 1110, 1111, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a) (2017).  
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from April 1966 to April 1968 with service in the Republic of Vietnam.
Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active military, naval, or air service.  38 U.S.C.          § 1110; 38 C.F.R. § 3.303 (a).  Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service.  38 C.F.R. § 3.303 (d).  
When all the evidence is assembled, VA is responsible for determining whether the evidence supports the claim or is in relative equipoise, with the veteran prevailing in either event, or whether a preponderance of the evidence is against a claim, in which case, the claim is denied.  38 U.S.C. § 5107 (b); 38 C.F.R. § 3.102.
In a July 2012 statement, the Veteran indicated that he had sebaceous cysts, which were removed by his former doctor (now deceased), in the early 1970s.  He further noted that he had another cyst removed in the early 2000s and further stated that these cysts still bothered him today. 
The evidence includes an August 2015 VA medical opinion.  The examiner indicated that the claims file had been reviewed.  It was then opined that the Veteran’s cysts were less likely than not related to service.  In support of this opinion, the examiner stated that, in general, risk factors for sebaceous cysts included certain viruses and “solar exposure.”  Moreover, the examiner explained that, if solar exposure in Vietnam was the cause of the Veteran’s cysts, one would expect some sign of solar-damaged skin or developing cysts either in service “or shortly after service.”  According to the examiner, there was no such evidence identified.  
The Board finds that the August 2015 VA medical opinion weighs partially in favor of the Veteran’s claim.  In this regard, the examiner indicated that risk factors for developing sebaceous cysts included sun exposure, which the Board finds to be consistent with the Veteran’s claimed sun exposure during his active service. Further, the examiner stated that a medical professional would expect to see the development of cysts “shortly after” service.  Although the examiner found no evidence that the Veteran’s cysts developed soon after service, the Board disagrees.
In this regard, VA treatment records show that the Veteran has consistently reported having had a sebaceous cyst removed in the early 1970s, only a few years following service separation in 1968.  See e. g., July 2012 and July 2014 VA treatment records (noting a cyst removal from scalp in the 1970s).  Moreover, as noted above, the Veteran has reported that he had a sebaceous cysts removed by his former doctor (now deceased), in the early 1970s.  Additionally, in a June 2013 VA scars examination report, the examiner diagnosed the Veteran with several scars related to “surgery for sebaceous cysts” with a diagnosis of date of “1970’s-80s.”
For these reasons, the Board finds that evidence is at least in equipoise as to whether the Veteran’s sebaceous cysts, first manifesting soon after service separation, are related to in-service sun exposure.  Resolving reasonable doubt in the Veteran’s favor, service connection is granted.  38 C.F.R. § 3.102. 
 
 
Evan M. Deichert
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	R. Casadei, Counsel