Citation Nr: 20042899
Decision Date: 06/25/20	Archive Date: 06/25/20

DOCKET NO. 17-24 271
DATE: June 25, 2020

REMANDED

Entitlement to service connection for a skin condition as a result of exposure to ionizing radiation is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1956 to June 1958. 

This matter is before the Board of Veterans’ Appeals (Board) on appeal from a July 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). 

The Veteran testified at a hearing before the undersigned Veterans Law Judge (VLJ) in March 2020. A transcript of the hearing is associated with the electronic claims file. 

1. Entitlement to service connection for a skin condition as a result of exposure to ionizing radiation is remanded.

At his March 2020 hearing, the Veteran testified that he was exposed to radiation as part of Operation Plumbbob, which caused his current skin condition of moles and growths. While the Veteran also testified that he was treated at Madigan Army hospital following the operation, he stated that he did not know what he was treated for there, but he knew that it was not his skin condition as that did not occur until after he separated from active service. VA treatment records note that the Veteran was previously diagnosed with skin cancer, however, the Veteran’s skin cancer treatment records are not part of the electronic file. The Board notes that the Veteran’s VA treatment records list the names of some of his private treatment physicians. Accordingly, remand is warranted to update the record.

Moreover, the Veteran has not been given a VA examination with regard to his current skin condition. As the Veteran is presumed to have been exposed to radiation via his participation in Operation Plumbbob between May 28, 1957 and October 22, 1957, remand is also warranted to afford the Veteran a VA examination.

The matters are REMANDED for the following action:

1. Obtain any outstanding VA treatment records.

2. Contact the Veteran to get the correct names, addresses, and treatment dates for medical records from the following:

(a.) Dr. Greene in Newport;

(b.) Dr. Smith in Herber Springs;

(c.) Dr. Poon in Newport; and

(d.) Dr. Boone.

3. After the record has been updated, schedule the Veteran for a VA examination regarding his skin condition. The examiner should review the entire claims file and a note that such review was completed should be made in his or her report. The examiner should answer the following questions: 

(a.) Is the Veteran’s current skin condition at least as likely as not (50 percent probability or greater) related to his conceded in-service ionizing radiation exposure?

(b.) Was the Veteran’s previously diagnosed skin cancer at least as likely as not (50 percent probability or greater) related to his conceded in-service ionizing radiation exposure?

A detailed rationale for the opinion must be provided. If the examiner is unable to offer the requested opinion, it is essential that the examiner offer a rationale for the conclusion that an opinion could not be provided without resort to speculation, together with a statement as to whether there is additional evidence that could enable an opinion to be provided, or whether the inability to provide the opinion is based on the limits of medical knowledge. 

 

TANYA SMITH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. Ruiz, 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.