Citation Nr: A21016607 Decision Date: 10/12/21 Archive Date: 10/12/21 DOCKET NO. 200824-106396 DATE: October 12, 2021 REMANDED Service connection for basal and squamous cell carcinomas, to include as due to electromagnetic radiation exposure, is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Navy from October 1964 to February 1969. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2020 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO), under the modernized review system, also known as the Appeals Modernization Act (AMA). In an August 2020, VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran selected the hearing docket. Subsequently, the Veteran testified at a hearing before the undersigned Veterans Law Judge in June 2021. A copy of the proceeding is associated with the claims file. The Board notes that it may only consider the evidence of record at the time of the agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran at the June 2021 hearing or within 90 days following the hearing. 38 C.F.R. § 20.302(a). Service connection for basal and squamous cell carcinomas, including as due to exposure to electromagnetic radiation is remanded. The Veteran contends that his basal and squamous cell carcinomas are related to service. In May 2020, a VA examiner opined that Veteran's basal and squamous cell carcinomas were less likely than not (less than 50 percent probability) incurred in or caused by exposure to electromagnetic radiation. The examiner explained that although the Veteran may have experienced exposure to radiation from radar-equipped aircrafts, there is a paucity of evidence in literature at this current time to support his claim. He also observed that these exposures were not noted in service treatment records during service. An addendum medical opinion was requested in June 2020 because the May 2020 VA examiner failed to review all evidence prior to submitting the requested medical opinion. In a June 2020 addendum medical opinion, the May 2020 VA examiner noted that he had reviewed all the evidence, including the Veteran's lay statement regarding radiation exposure and an article that concerned radiation exposure. He then provided the same negative nexus opinion that he did May 2020. The Board finds that the failure to obtain an adequate examination was a pre-decisional error that requires remand for corrective action. The matter is REMANDED for the following action: Obtain an addendum medical opinion from an appropriate clinician to determine the nature and etiology of the Veteran's basal and squamous cell carcinomas. A new examination should be undertaken if deemed necessary. The examiner should review the claims file, then opine on the following: Is it at least as likely as not that the Veteran's basal and squamous cell carcinomas are related to his service, to include electromagnetic radiation exposure? A detailed rationale should be given for all opinions and conclusions expressed. If the examiner cannot provide an opinion without resort to speculation, the examiner should provide an explanation as to why this is so and must state whether there is additional evidence that would permit the necessary opinion to be made. Nathaniel Doan Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. Fairlie, 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.