Citation Nr: 21064350 Decision Date: 10/19/21 Archive Date: 10/19/21 DOCKET NO. 12-05 100 DATE: October 19, 2021 REMANDED Entitlement to service connection for left shoulder melanoma is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Marine Corps from March 1976 to April 1993. This matter is on appeal from a March 2011 rating decision. In November 2018, the Veteran testified at a video conference hearing before the undersigned Veterans Law Judge of the Board. A transcript of this hearing is of record. In a June 2019 decision, the Board denied entitlement to service connection for left shoulder melanoma. In May 2020, the Veteran appealed this decision to the United States Court of Appeals for Veterans Claims (Court) where the Court granted a Joint Motion for Remand (Joint Motion). The Court's May 2020 Order vacated the June 2019 Board decision and remanded the matter to the Board for consideration consistent with the terms of the Joint Motion. The Board remanded the matter in October 2020, January 2021, and May 2021 for additional development. The case is now again before the Board for further appellate action. In the May 2021 remand the Board asked the examiner to consider a VA medical opinion dated August 2015 citing dermatology note of March 2011 indicating the Veteran had a "history of high degree of lifetime sun exposure to involved areas without use of protective clothing or sunscreen." Although an addendum was obtained in June 2021 the examiner failed to follow the Board's directive. As such, the claim must be returned to the Agency of Original Jurisdiction so that the remand directives regarding the requested medical opinion can be completed. See Stegall v. West, 11 Vet. App. 268, 271 (1998). The matter is REMANDED for the following action: Obtain an appropriate addendum by an examiner, other than the June 2021 VA examiner, regarding the nature and etiology of the Veteran's claimed left shoulder melanoma. Unless the examiner find that a new examination is required, the Veteran need not be examined again. The claims file, including a copy of the May 2021 remand, must be made available to the examiner for review who should indicate that the claims file was reviewed. The examiner should provide the following opinion(s): (a). In rendering the opinion, the examiner should distinguish sun exposure during service versus sun exposure before and after service. (b). The examiner is asked to consider the Veteran's lay statements and testimony concerning the onset of his left shoulder melanoma, to specifically include his contention that "he was constantly in the sun and experience sunburns in service." See Supplemental Brief received in May 2020. (c). The examiner is also asked to consider VA medical opinion dated August 2015 citing dermatology note of March 2011 indicating the Veteran had a "history of high degree of lifetime sun exposure to involved areas without use of protective clothing or sunscreen." The Board, by this remand, makes no determination, expressed or implied, concerning the credibility of any statements on file. KELLI A. KORDICH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Adams, 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.