Citation Nr: 21012770 Decision Date: 03/05/21 Archive Date: 03/05/21 DOCKET NO. 15-38 325 DATE: March 5, 2021 ORDER Entitlement to service connection for squamous cell carcinoma, claimed as skin cancer, is granted. FINDING OF FACT The Veteran’s squamous cell carcinoma is at least as likely as not causally related to sun exposure during his active service in Vietnam. CONCLUSION OF LAW The criteria for service connection for entitlement to service connection for squamous cell carcinoma, claimed as skin cancer, are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active duty service from April 1966 to July 1969. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2012 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a hearing before the undersigned Veterans Law Judge in January 2021. A transcript of that hearing has been associated with the claims file. Entitlement to service connection for squamous cell carcinoma, claimed as skin cancer. The Veteran contends that his skin cancer is causally related to his sun exposure during his active service in Vietnam. The Board concludes that the Veteran has a current disability that is related to his sun exposure during active service. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a). A February 2021 private opinion from a professor of dermatology noted that the Veteran was in the military during the Vietnam War and was assigned to the Seabees, the construction branch of the Navy, attached to the Marines. He was in the jungles of Vietnam constructing military hospitals, bunkers, and other structures for over 30 months with no sunscreen or wide brimmed hats provided by the military at that time as would be recommended by today’s standards. The Veteran has had four squamous cell carcinomas in sun-exposed areas of skin as follows: 1999 squamous cell carcinoma right temple removed, 2014 squamous cell carcinoma right distal forearm excised, 2015 squamous cell carcinoma right shoulder excised, 2017 squamous cell carcinoma rear removed. In addition, he has had numerous actinic keratosis, premalignant lesions that are precursors to squamous cell carcinomas. As indicated in the provided references, the DNA damage in the skin that leads to the development of skin cancers occurs 30 to 40 years before the onset of skin cancers. The intense sun exposure without protection as occurred in the climate of Vietnam in the late 1960s and early 1970s would accelerate the development of skin cancer as had occurred in this serviceman. The February 2021 private examiner also submitted three medical articles to support their opinion. The articles included a December 2017 article on skin cancer in the military: a systematic review of melanoma and non-melanoma skin cancer incidence, prevention, and screening among active duty and veteran personnel. During the January 2021 hearing, the Veteran reported that he worked 14 days with short sleeves or no shirt without any protective lotion or anything out in the sun. Upon review of the record, the Board finds the evidence to at least be in equipoise as to whether the Veteran’s skin cancer was causally related to his active service in Vietnam. Accordingly, after resolving all doubt in favor of the Veteran, the Board finds that service connection for squamous cell carcinoma is warranted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. Jennifer White Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Patricia Veresink, 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.