Citation Nr: 21006335 Decision Date: 02/03/21 Archive Date: 02/03/21 DOCKET NO. 18-23 401 DATE: February 3, 2021 ORDER Service connection for skin cancer is granted. REMANDED Service connection for a back condition is remanded. Service connection for left shoulder scarring/disfigurement is remanded. FINDING OF FACT The Veteran has a current diagnosis of skin cancer that is attributable to his active service. CONCLUSION OF LAW The criteria for service connection for skin cancer have been met. 38 U.S.C. §§ 1131, 1137, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.3.09. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from November 1986 to May 1991. In February 2020, the Veteran testified before the undersigned Veterans’ Law Judge; a copy of the transcript is a part of the record. Service Connection Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. Establishing service connection generally requires: (1) evidence of a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship (i.e., a nexus) between the claimed in-service disease or injury and the current disability. The element of nexus may be met in the case of certain specified diseases via presumption, for Veterans exposed to contaminated water at Camp Lejeune, North Carolina. 38 C.F.R. § 3.307. Veterans serving at that location between August 1, 1953, and December 31, 1987, are presumed to have been exposed. 38 C.F.R. § 3.307(a)(7)(iii). In deciding the Veteran’s claim, VA is responsible for determining whether the evidence supports the claim or is in relative equipoise, with the Veteran prevailing in either event; or whether a preponderance of the evidence is against the claim, in which case the claim is denied. 38 U.S.C. § 5107; Gilbert v. Derwinski, 1 Vet. App. 49, 53-56 (1990). When there is an approximate balance of positive and negative evidence regarding any issue material to the determination, the benefit of the doubt is afforded the claimant. Skin Cancer VA has conceded the Veteran was exposed to contaminated water at Camp Lejeune, North Carolina. See July 2015 Rating Decision. However, skin cancer is not among the conditions afforded presumptive service connection due to such exposure. 38 C.F.R. § 3.309(f). The absence of a disease from the presumptive list does not preclude a veteran from otherwise proving that his disability resulted from exposure to contaminated water at Camp Lejeune. Combee v. Brown, 34 F.3d 1039 (Fed. Cir. 1994). In March 2014, the Veteran submitted a medical opinion from his treating physician which stated that his skin cancer was likely due to his exposure to contaminated water while stationed at Camp Lejeune, North Carolina. The Board is aware of a June 2015 VA medical opinion which discussed the relation of skin cancers to exposure to contaminated water at Camp Lejeune. However, this examination report does not appear to specifically find that the Veteran’s skin cancer was less likely as not related to his exposure to contaminated water. Considering the two reports, the Board finds that, at a minimum, the evidence is in equipoise regarding the link between the Veteran’s skin cancer and his exposure to contaminated water while at Camp Lejeune. The Board notes that seeking to obtain negative evidence against the Veteran is prohibited by VA law. See Mariano v. Principi, 17 Vet. App. 305, 312 (2003). Therefore, service connection for skin cancer is granted. REASONS FOR REMAND Back The Veteran has stated that he injured his back while in-service after a fall during a training exercise. See February 2017 correspondence and February 2020 hearing testimony. He submitted a lay statement which corroborates his report of an in-service injury to his back. See February 2020 buddy/lay statement. The Board finds the Veteran’s statements regarding his in-service fall credible. The Veteran was not afforded a VA examination regarding the etiology of his back condition. See McClendon v. Nicholson, 20 Vet. App. 79 (2006). Left shoulder scarring/disfigurement The Veteran has stated that he sustained a left shoulder scar after a barb-wire injury during training. See February 2017 correspondence and February 2020 hearing testimony. A June 2015 VA examination did not provide an opinion regarding the etiology of the Veteran’s left shoulder scars in relation to his reported injury. The matters are REMANDED for the following action: Schedule an examination to determine the nature and etiology of any diagnosed back disorder and left shoulder scar. The claims file should be made available to the examiner for review. The examiner must opine, with rationale, whether it is at least as likely as not (50 percent or greater probability) that any diagnosed back disorder or his left shoulder scar was incurred in, or due to, the Veteran’s service. The lay statements of record regarding onset and continuity of symptomology, including the Veteran’s February 2017 correspondence and February 2020 hearing testimony as well as the February 2020 buddy statement, should be recorded and considered. The examiner should note that the Veteran’s statements regarding his in-service fall have been found by the Board to be credible. JOHN Z. JONES Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Parrish, 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.