Citation Nr: 21013361
Decision Date: 03/09/21	Archive Date: 03/09/21

DOCKET NO. 17-41 268
DATE: March 9, 2021

REMANDED

Entitlement to service connection for basal cell carcinoma (skin cancer), to include as due to exposure to herbicide agents, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from August 1967 to August 1969.  The Veteran died in November 2019.  The appellant filed this case as the surviving spouse.

In September 2020, the appellant was deemed to be a valid substitute claimant for the purposes of processing the Veteran’s appeal to completion.

In June 2019 and August 2020, the claim on appeal for service connection for basal cell carcinoma was remanded for additional evidentiary development.  The case has been returned to the Board for appellate review.

Entitlement to service connection for basal cell carcinoma (skin cancer), to include as due to exposure to herbicide agents 

Review of the record includes an October 2013 statement (associated with the claims file in March 2014) from Dr. P. T. who reported the Veteran had an extensive history of skin cancer and she was treating the Veteran for dermatologic care for over 10 years.  At the April 2019 Board hearing, the Veteran reported undergoing multiple procedures at Dr. P. T.’s office.  Additionally, a May 2019 statement from Dr. C. S. noted the Veteran had a significant chronic skin cancer history at his facility, which consisted of monthly treatment sessions for approximately 12 years including surgery as needed, and prior to seeking treatment at his facility.  As of this date, there has been no attempt of record to obtain these potentially relevant outstanding private treatment records.  As a result, the Board finds that additional development is needed to obtain such evidence.  38 U.S.C. § 5103A(a) (2012); 38 C.F.R. § 3.159 (2019).

The matter is REMANDED for the following actions:

1. Contact the appellant and request that she identify any private treatment facilities or providers relevant to the claim on appeal for basal cell carcinoma, and provide her with the appropriate release forms.

Then, make appropriate efforts to obtain any outstanding records so authorized for release from any facility identified by the appellant, to include from (a) Dr. P. T. at DermOne Dermatology Centers in Toms River, New Jersey and (b) from Dr. C. S. at Certified Dermatology in Manahawkin, New Jersey.

If these records cannot be located, the AOJ must document the attempts made to locate them and notify the appellant.

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2. Then, readjudicate the claim.  If the decision is adverse to the appellant, issue a Supplemental Statement of the Case and allow the applicable time for response.  Then, return the case to the Board.

 

 

D. Martz Ames

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Carter, 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.