Citation Nr: 21012448
Decision Date: 03/04/21	Archive Date: 03/04/21

DOCKET NO. 17-14 654
DATE: March 4, 2021

REMANDED

Entitlement to service connection for melanoma is remanded.

Entitlement to service connection for a skin disability, to include dermatomyositis is remanded.

REASONS FOR REMAND

The Veteran served on active duty from May 1966 to May 1968. 

This case was previously before the Board in June 2020, at which time it was remanded for further development. 

1. Entitlement to service connection for melanoma is remanded.

The Board cannot make a fully-informed decision on the issue of service connection for melanoma because the medical opinions of record are inadequate. In the December 2020 medical opinion, the clinician stated that the Veteran’s melanoma was less likely than not related to his service, to include presumed exposure to herbicide agents. However, the provided rationale was simply that the Veteran’s melanoma was diagnosed several years after service and that “there is no evidence” of a link between the Veteran’s service and his melanoma. This is merely a restatement of the facts and a conclusory statement. There is no explanation regarding the potential nexus between the Veteran’s active service, including his presumed exposure to herbicide agents, and his melanoma. Further, the prior remand instructed the clinician to address the possiblity both of exposure to herbicide agents and to sun. Remand is necessary to obtain an adequate opinion. 

2. Entitlement to service connection for a skin disability, to include dermatomyositis is remanded.

Medical records show that the Veteran presented several times with what was described as a “dermatomyositis like rash.” Biopsy in 2014 diagnosed dermatomyositis. However, a note from November 2015 again described a “dermatomyositis like rash” and indicated that the rash was unexplained and was possibly due  to exposure. It is not clear to the Board whether this rash is dermatomyositis or a separate skin disability. Remand is necessary for clarification. 

The matters are REMANDED for the following action:

1. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s melanoma is at least as likely as not related to his active service, to include presumed exposure to herbicide agents or sun. A well-reasoned rationale must be provided. 

2. Obtain an addendum opinion from an appropriate clinician clarifying whether the Veteran has a skin disability separate from his melanoma and dermatomyositis. If so, the clinician should provide an opinion as to whether such disability is at least as likely as not related to his active service, to include presumed exposure to herbicide agents. A well-reasoned rationale must be provided. 

3. After the above development, and any additionally indicated development, has been completed, readjudicate the issue on appeal.  If the benefit sought is not granted to the Veteran’s satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review.

 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Creegan

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.