Citation Nr: 21012243 Decision Date: 03/03/21 Archive Date: 03/03/21 DOCKET NO. 16-35 283 DATE: March 3, 2021 REMANDED Service connection for skin cancer is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from April 1966 to November 1966. At an April 2019 videoconference hearing the Veteran testified before the undersigned Veterans Law Judge. A transcript of the proceeding has been associated with the claims file. This matter was previously denied by the Board of Veterans’ Appeals (Board) in a decision issued in August 2019. In that decision, the Board denied entitlement to service connection for skin cancer. The Veteran appealed that decision to the United States Court of Appeals for Veterans Claims (Court). In August 2020 the Court issued an order granting a Joint Motion for Remand (JMR), which vacated the Board’s August 2019 decision and remanded the matter for adjudication consistent with the instructions outlined in the JMR. The August 2020 JMR found that the Board failed to provide adequate reasons or bases for its decision. The JMR noted that the Board decision did not address the Veteran’s assertion that his skin cancer is related to active service due to general outdoor activity in prolonged sunshine. Likewise, it was indicated a medical opinion addressing that particular theory of entitlement was an appropriate matter for development. Although this was in the context of a person with only 6 months of active service in which there was no record of any sun burns, the first record of skin cancer is dated more than 20 years after service, and the Veteran’s post service occupation was as a letter carrier, given the terms of the JMR, a remand is warranted for a VA examiner to address the Veteran’s statements regarding in-service sun exposure. The matters are REMANDED for the following action: 1. Provide the Veteran’s entire claims file, to an appropriate clinician for an opinion as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s skin cancer had its onset in, or is otherwise due to, his military service, to include in-service sun exposure. If it is necessary to examine the Veteran to obtain the requested opinion, that should be arranged. A complete rationale for all opinions should be provided. The examiner must connect all opinions made to the evidence of record and any medical literature referenced. If the examiner cannot provide a requested opinion without resorting to speculation, it should be so stated, and the examiner should provide the reasons why an opinion would require speculation. (Continued on the next page)   2. After completing the above actions, to include any other development as may be indicated by any response received as a consequence of the actions taken in the preceding paragraphs, the Veteran’s claim should be readjudicated based on the entirety of the evidence. MICHAEL E. KILCOYNE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board V. Geer, 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.