Citation Nr: 21014244 Decision Date: 03/11/21 Archive Date: 03/11/21 DOCKET NO. 16-33 345 DATE: March 11, 2021 REMANDED Entitlement to service connection for skin cancer is remanded. REASONS FOR REMAND The Veteran had active service in the Army from March 1966 to March 1968, including service in the Republic of Vietnam. In March 2019, the Veteran testified before the undersigned Veterans Law Judge via videoconference. A transcript is of record. In May 2019 and July 2020, the Board remanded the appeal for further development, at which time included the Veteran’s claim of entitlement to service connection for bilateral hearing loss. In an October 2020 rating decision, that claim was granted, thus it is no longer before the Board. Skin Cancer The Veteran seeks service connection for skin cancer, which he claims is due to in-service herbicide agent exposure. During the course of the appeal, the theory of skin cancer as due to in-service sun exposure was also raised. Here, service treatment records are silent for any skin-related complaints, and the Veteran’s skin cancer did not manifest until 1997-more than 30 years after separation. However, the Veteran testified that he had a normal amount of sun exposure post-service, and that he wore long sleeves and a straw hat for protection. It was suggested that the circumstances of the Veteran’s service precluded sun protection and involved quite a bit of outdoor exposure. The Veteran underwent a VA skin examination in December 2019, wherein the examiner found the Veteran’s skin cancer was related to sun exposure and therefore found that such was at least as likely as not due to service. However, the same examiner issued an addendum opinion in April 2020, finding that the Veteran’s skin cancer was less likely than not related to in-service sun exposure, as the Veteran’s service treatment records were silent regarding sun exposure. However, this opinion is impermissibly based solely on a lack of a diagnosis or symptoms in service. Accordingly, a remand is warranted to obtain an addendum medical opinion to address this deficiency. See Hensley v. Brown, 5 Vet. App. 155, 159 (1993); Dalton v. Nicholson, 21 Vet. App. 23 (2007). The matter is REMANDED for the following action: 1. Obtain an addendum opinion by an appropriate clinician to determine the nature and etiology of the Veteran’s skin cancer. The examiner must opine whether it is at least as likely as not related to service, to include sun exposure during service, which is conceded. In rendering an opinion, the examiner must consider the Veteran’s lay statements, to include that he took precautions against sun exposure post-service. The examiner is reminded that a negative opinion cannot be based solely on a lack of symptoms, diagnosis, or treatment in service. A complete rationale must be provided for any conclusion. 2. Readjudicate the appeal. L. M. BARNARD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A.Z., 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.