Citation Nr: 21070909 Decision Date: 11/26/21 Archive Date: 11/26/21 DOCKET NO. 14-35 176A DATE: November 26, 2021 ORDER Service connection for a skin condition, diagnosed as dermatitis of the scalp, is granted. REMANDED Service connection for a skin condition, to include dermatitis of the arm, is remanded. FINDING OF FACT The Veteran's skin condition, diagnosed as dermatitis of the scalp, had its onset in service. CONCLUSION OF LAW The criteria for service connection for a skin condition, diagnosed as dermatitis of the scalp, have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Marine Corps from August 1967 to June 1970 with combat service in the Republic of Vietnam and service in Camp Lejeune. His decorations include the Combat Action Ribbon. In June 2017 and November 2021, the Veteran testified at Board hearings presided over by two of the undersigned Veterans Law Judges. At the November 2021 Board hearing, the Veteran waived the opportunity for a hearing before the third member of the panel. See Arneson v. Shinseki, 24 Vet. App. 379 (2011). These matters were remanded by the Board in May 2018, September 2020, and February 2021 for additional development. 1. Service connection for a skin condition, diagnosed as dermatitis of the scalp. To establish service connection for a claimed disorder, the following criteria must be met: (1) medical evidence of a current disability; (2) evidence of an in-service incurrence or aggravation of a disease or injury; and (3) evidence of a nexus between the claimed in-service disease or injury and current disability. 38 C.F.R. § 3.303; see also Davidson v. Shinseki, 581 F.3d 1313, 1316 (Fed. Cir. 2009); Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004); Hickson v. West, 12 Vet. App. 247, 253 (1999). Service connection may be granted for a disability resulting in a disease or injury that is incurred in or aggravated by active-duty military service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. Service connection may be established by credible lay evidence and medical evidence provided by the Veteran or otherwise. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. The Veteran seeks service connection for a skin condition located on his scalp, which he contends began in service and has been recurrent since that time. The Veteran has a diagnosis of dermatitis of the scalp. See VA Examination, November 2012 and May 2020. Specifically, the Board points to VA treatment records from November 2012, which indicate that the Veteran has a diagnosis of dermatitis or eczema dating back to September 1967, or within service. At the November 2021 hearing, the Veteran competently testified that his skin condition on his scalp began in boot camp during service. He reported he has had dermatitis ever since service. See also Hearing Testimony, June 2017. The Veteran is competent to report the onset and continuation of his skin condition symptoms and the Board finds his testimony credible. See Charles v. Principi, 16 Vet. App. 370, 374 (2002); see also Layno v. Brown, 6 Vet. App. 465 (1994); Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007). The Board notes the VA examination reports of record that opined that the Veteran's skin condition was not related to service; however, because the evidence shows that the Veteran's skin condition, diagnosed as dermatitis of the scalp, had its onset in service, service connection is warranted. See Flynn v. Brown, 6 Vet. App. 500, 503 (1994) (noting that "the element of cause and effect has been totally by-passed in favor of a simple temporal relationship between the incurrence of the disability and the period of active duty"); see also 38 C.F.R. § 3.303(a) (Service connection connotes many factors but basically it means that the facts, shown by evidence, establish that a particular injury or disease resulting in disability was incurred coincident with service in the Armed Forces). REASONS FOR REMAND 1. Service connection for a skin condition, to include dermatitis of the arm is remanded. During the November 2021 hearing, the Veteran testified that he has a separate skin condition on his right arm. He stated that he has blistering on his right arm and thinks it is related to the sun and could be skin cancer. The Veteran noted that he experienced a lot of sun exposure while in Vietnam. In addition, the Veteran testified that his skin problems recurred in 1997 or 1998 and no one else in his family has had similar skin problems on the arm. Medical treatment records note a diagnosis of hemangiomas to the torso and bilateral arms. See VA Examination, May 2020. In light of the Veteran's testimony, the Board finds remand necessary to obtain an opinion regarding the etiology of the Veteran's skin condition other than dermatitis of the scalp, to include dermatitis of the arm. As such, this issue must be remanded for a VA examination. The matters are REMANDED for the following action: 1. Obtain all outstanding medical treatment records. 2. Schedule the Veteran for an appropriate VA examination (or telehealth interview, review of the record, etc. if an in-person examination is not feasible) in connection with his skin condition, to include dermatitis of the arm. The claims file should be made available to and reviewed by the examiner and all necessary tests should be performed. Following a review of the lay and medical evidence, the examiner should determine all diagnoses and provide an opinion as to whether it is at least as likely as not that the Veteran's skin condition, to include dermatitis of the arm, had its onset during service or is otherwise related to service. In offering this opinion, the examiner must discuss the Veteran's significant in-service sun exposure. In offering this opinion, the examiner must also acknowledge and discuss the Veteran's lay statements, including his testimony concerning significant in-service sun exposure. THERESA M. CATINO Veterans Law Judge Board of Veterans' Appeals E. I. VELEZ Veterans Law Judge Board of Veterans' Appeals STEVEN D. REISS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Sara Leigh, Attorney Advisor 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.