Citation Nr: 21063180
Decision Date: 10/13/21	Archive Date: 10/13/21

DOCKET NO. 13-05 254
DATE: October 13, 2021

REMANDED

The issue of entitlement to service connection for a skin disability, to include dysplastic nevus, claimed as removal of pre-cancerous skin condition, as a result of exposure to herbicides, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 1968 to July 1970, to include service in the Republic of Vietnam from September 1969 to July 1970.

In October 2021, the Veteran testified before the undersigned Veterans Law Judge at a travel board hearing.

The issue has been expanded and recharacterized pursuant to Clemons v. Shinseki, 23 Vet. App. 1 (2009).

Entitlement to service connection for a skin disability.

The Board finds that additional development is needed prior to final adjudication of the issue on appeal.  First, based on a review of the record, the Board finds that there may be outstanding records from the Social Security Administration (SSA) to be obtained and associated with the claim file.  See SSA Inquiry Results, December 2019.

In addition, based on testimony provided at the October 2021 travel board hearing, the Board finds that the Veteran should be scheduled for a VA examination to clarify his diagnosis, and to address the etiology of the claimed disability on appeal.  As noted above, the Veteran served in the Republic of Vietnam and his exposure to herbicide agents is conceded.  The Board notes also that a September 2008 diagnostic report shows a left chest excision: dysplastic nevus, completely excised.

The matter is REMANDED for the following action:

1. After securing any necessary consent forms from the Veteran, obtain any outstanding treatment records, to include any VA and/or private treatment records, pertaining to the issue on appeal.

In addition, obtain relevant records from the SSA pertaining to any application or award of disability benefits to the Veteran.

All efforts should be documented in the claim file.  If any records could not be obtained, this should be noted in the claim file.

2. Upon completion of the above, schedule the Veteran for a VA examination to clarify the diagnosis of his claimed skin disability and to address the etiology of any diagnosed disability(ies).  For each disability diagnosed, the examiner is asked to address whether it is at least as likely as not (i.e., a 50 percent or greater probability) that it was caused by the Veteran's active duty service.  The examiner is asked to specifically address: (a) the Veteran's conceded exposure to herbicide agents in the Republic of Vietnam; and (b) a September 2008 diagnostic report that shows a left chest excision: dysplastic nevus, completely excised.

The VA examiner should be given access to the claim file.  The examiner should state that a review of the claim file was completed.  The examiner must provide a comprehensive report including complete rationales for all opinions and conclusions reached, citing the objective medical findings leading to the conclusions.  A detailed rationale is requested for all opinions provided.

3. If upon completion of the above action the issue is denied, the case should be returned to the Board after compliance with appellate procedures.

 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Foster, 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.