Citation Nr: 21073661 Decision Date: 12/09/21 Archive Date: 12/09/21 DOCKET NO. 20-09 870 DATE: December 9, 2021 REMANDED Entitlement to service connection for colon cancer, to include as due to contaminated water at Camp Lejeune is remanded. Entitlement to service connection for a thyroid condition, to include as due to contaminated water at Camp Lejeune is remanded. Entitlement to service connection for a lung condition, to include as due to contaminated water at Camp Lejeune is remanded. Entitlement to service connection for a prostate condition, to include as due to contaminated water at Camp Lejeune is remanded. Entitlement to service connection for a skin condition is remanded. Entitlement to service connection for a left foot disability is remanded. REASONS FOR REMAND The Veteran served on active duty for training from January 1960 to July 1960. The Veteran testified at a hearing before the undersigned in August 2021. A transcript of the hearing is associated with the record. 1. Entitlement to service connection for colon cancer, to include as due to contaminated water at Camp Lejeune is remanded. 2. Entitlement to service connection for a thyroid condition, to include as due to contaminated water at Camp Lejeune is remanded. 3. Entitlement to service connection for a lung condition, to include as due to contaminated water at Camp Lejeune is remanded. 4. Entitlement to service connection for a prostate condition, to include as due to contaminated water at Camp Lejeune is remanded. The Board is unable to make an informed decision on the issue of service connection for colon cancer, thyroid, lung, and prostate conditions because additional development is necessary. The record establishes that the Veteran was stationed at Camp Lejeune for more than 30 days and presumptive exposure to toxic chemicals in the water is conceded. The Veteran's service treatment records (STRs) are not available, thus heightening VA's duty to assist. See June 2018 formal finding. Although the Veteran testified at the hearing that he was diagnosed with the above conditions, there are no medical records in the file to corroborate those diagnoses. The claims are remanded to obtain outstanding treatment records and then opinions, if indicated. 5. Entitlement to service connection for a skin condition is remanded. 6. Entitlement to service connection for a left foot disability is remanded. The Board is unable to make an informed decision on the issue of a skin condition and a left foot disability because additional development is necessary. The Veteran testified at the hearing that he injured his left toe while marching in service. He further testified that the residuals from his left toe injury have continued to cause issues for him since service. The Veteran also testified that his skin condition, claimed as skin cancer was caused from sunburn he experienced while in active service. With this additional evidence, a VA examination is necessary to identify if the Veteran has a current diagnosed left foot disability and skin condition to assist in determining whether service connection is warranted. The matters are REMANDED for the following action: 1. Contact the Veteran, and, with the Veteran's assistance identify and obtain copies of any pertinent private medical or VA treatment records and add them to the claims file. If VA attempts to obtain any outstanding records which are unavailable, the Veteran should be notified, and the record noted. 2. Then, only if pertinent medical records are obtained, schedule the Veteran for VA examinations (or tele-health interview, review of the record, etc., if an in-person examination is not feasible) for his service connection claims for prostate and colon cancers, thyroid, and, lung conditions. The claims file and copies of all pertinent records should be forwarded to an appropriate VA examiner for review. The examiner is asked to answer the following question: (a) Identify all currently diagnosed prostate, colon, thyroid and lung disabilities. (b) Is it at least as likely as not (50 percent probability) that any currently diagnosed prostate and colon cancers, thyroid, and lung disability was incurred in or is otherwise related to service, to include his conceded exposure to contaminated water at Camp Lejeune or potential lead paint exposure? The examiner is asked to review and discuss the studies submitted by the Veteran on August 10, 2021 that show an association of toxic chemicals, such as those identified as contaminants in the Camp Lejeune water and the Veteran's claimed conditions. A complete rationale must be provided for all opinions, citing to supporting factual data and medical literature, as appropriate. If the examiner cannot provide an opinion without resort to speculation, the examiner must state why that is and what additional information is needed to provide the opinion. 3. Schedule the Veteran for a VA examination (or tele-health interview, review of the record, etc., if an in-person examination is not feasible) with an appropriate VA examiner, to determine the nature and likely etiology of any diagnosed skin and left foot disabilities. Copies of all pertinent records must be made available to the examiner. Based on the examination and review of the record, the examiner is asked to answer the following questions: (a) Identify all currently diagnosed left foot and skin disabilities. (b) Is it at least as likely as not (50 percent probability) that any currently diagnosed left foot or skin disability was incurred in or is otherwise related to service, to include as due to sun exposure? A complete rationale must be provided for all opinions, citing to supporting factual data and medical literature, as appropriate. If the examiner cannot provide an opinion without resort to speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training) and note what, if any, additional evidence would permit such an opinion to be made. M.E. Larkin Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. G. Perkins, 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.