Citation Nr: 20003701 Decision Date: 01/16/20 Archive Date: 01/15/20 DOCKET NO. 19-31 269 DATE: January 16, 2020 REMANDED Entitlement to service connection for right hard palate cancer is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from June 1961 to May 1965. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2017 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO) in Detroit, Michigan. Entitlement to service connection for right hard palate cancer. The Veteran contends that his right hard palate cancer is related to his naval service. He contends that while working as a dental technician in the U.S. Navy, he was exposed daily to radiation from taking radiographs and X-Rays. He asserts that this exposure made him susceptible to various cancers because lead-lined protective equipment was not available and film badges were seldom worn during his service. In January 2017, the Veteran underwent a right infrastructure maxillectomy and neck dissection and reconstruction. He was diagnosed with malignant neoplasm of the lip, oral cavity, and pharynx. See September 2017 Private Medical Treatment Record. Although there are findings of a diagnosis and contentions of in-service exposure to radiation, the medical record does not indicate that the Veteran was afforded a VA examination for an opinion as to whether his right hard palate cancer (malignant neoplasm) is related to his service. As such, a duty to assist attaches to this appeal. The Veteran should undergo a VA examination that determines whether it is as likely as not that his right hard palate cancer is related to service. Accordingly, the matter is REMANDED for the following action: 1. The Veteran should be given an opportunity to identify any outstanding private or VA treatment records relevant to the claim on appeal. After obtaining any necessary authorization from the Veteran, all outstanding records, to include updated VA treatment records dated from April 2019 to the present, should be obtained. For private treatment records, make at least two (2) attempts to obtain records from any identified sources. If any such records are unavailable, inform the Veteran and afford him an opportunity to submit any copies in his possession. For federal records, all reasonable attempts should be made to obtain such records. If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the claims file. The Veteran must be notified of the attempts made and why further attempts would be futile, and allowed the opportunity to provide such records, as provided in 38 U.S.C. § 5103A (b)(2) and 38 C.F.R. § 3.159(e). 2. Thereafter, schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any right hard palate cancer (malignant neoplasm). In regard to any diagnosed right hard palate cancer, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that this condition had its onset during service or is otherwise related to service. The Veteran asserts that his right hard palate cancer is the result of exposure to radiation while working as a dental technician during service. A complete rationale for all opinions should be provided. If the examiner cannot render an opinion without resorting to mere speculation, a full explanation for why an opinion cannot be rendered should be provided. KRISTY L. ZADORA Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Wilson, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.