Citation Nr: 21031949 Decision Date: 05/25/21 Archive Date: 05/25/21 DOCKET NO. 18-17 044 DATE: May 25, 2021 REMANDED Entitlement to service connection for residuals of basal cell carcinoma is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from August 1970 to January 1972, to include service in Vietnam. For his meritorious service, the Veteran was awarded (among other decorations) the Army Commendation Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in December 2015 by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran appeared for a hearing before the undersigned Veterans Law Judge in June 2020. A transcript of the hearing is of record. 1. Entitlement to service connection for residuals of basal cell carcinoma is remanded. The Veteran asserts that he is entitled to service connection for residuals of basal cell carcinoma due to exposure to herbicide agents. Medical treatment records from April 2015 confirm that the Veteran has a diagnosis of basal cell carcinoma. Additionally, the VA has previously conceded exposure to herbicide agents based on the Veteran's service in Vietnam. However, the Board cannot make a fully-informed decision on the issue of entitlement to service connection for residuals of basal cell carcinoma because no VA examiner has opined whether the Veteran's basal cell carcinoma is related to his active duty service, to include exposure to herbicide agents. While the Veteran's particular disability is not one for which service connection may be granted on a presumptive basis, service connection amy still be granted if the Veteran's disability is shown to be directly related to his presumed in-service herbicide agent exposure. Thus, a remand is warranted to obtain a VA examination. Additionally, during his June 2020 hearing, the Veteran indicated that he was treated for his basal cell carcinoma at a private facility in Chardon, Ohio. Part of the medical records from Chardon, Ohio are already of record. On remand, an attempt should be made to obtain to rest of these records. The matters are REMANDED for the following action: 1. Ask the Veteran to complete a VA Form 21-4142 for University Hospitals Department of Dermatology in Chardon, Ohio. Make two requests for the authorized records from this facility, unless it is clear after the first request that a second request would be futile. 2. Schedule the Veteran for a VA examination for his residuals of basal cell carcinoma. The examiner must review the claims file. The examiner is to state whether it is at least as likely as not that the Veteran's basal cell carcinoma and its residuals are related to the Veteran's active service, to include his presumed exposure to herbicide agents. The examiner is advised that a negative opinion cannot be based solely on the fact that basal cell carcinoma is not on the list of diseases that are presumptively associated with exposure to herbicide agents. Instead, and independent review of the medical literature is required. A complete rationale for the requested opinion must be provided. Evan M. Deichert Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. K. Hall, 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.