Citation Nr: 21039899 Decision Date: 07/01/21 Archive Date: 07/01/21 DOCKET NO. 16-42 753 DATE: July 1, 2021 ORDER Entitlement to service connection for a skin condition is granted. FINDING OF FACT Resolving any reasonable doubt in the Veteran's favor, the Veteran's skin condition had its onset in service. CONCLUSION OF LAW Resolving reasonable doubt in the Veteran's favor, the criteria for service connection for a skin condition have been met. 38 U.S.C. §§ 1110, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303 (2020). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from November 1969 to September 1971 with service in the Republic of Vietnam. This case is before the Board of Veterans' Appeals (Board) on appeal from a September 2015 rating decision by a Department of Veterans Affairs (VA) Regional Office. In June 2021, the Veteran testified at a virtual hearing before the undersigned Veterans Law Judge. A transcript of this hearing is not yet available. However, this appeal meets the criteria for VA's One-Touch initiative program. As such, this decision is being prepared pursuant to the program in order to provide an immediate response to the Veteran after his hearing. The transcript of the hearing will be added to the electronic claims file later in the normal course of business. Now the matter is before the Board. The Veteran is seeking service connection for a skin condition, i.e., rash on stomach and thighs, and contends that it is a result of his active duty service in Vietnam where he was exposed to Agent Orange. A veteran is entitled to VA disability compensation if there is disability resulting from personal injury suffered or disease contracted in line of duty in active service, or for aggravation of a preexisting injury suffered or disease contracted in line of duty in active service. 38 U.S.C. §§ 1110 (2012). To establish an entitlement to service connection for a disability, a veteran must show: (1) a present disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service, the so-called "nexus" requirement. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). In Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990), the United States Court of Appeals for Veterans Claims stated that "a veteran need only demonstrate that there is an 'approximate balance of positive and negative evidence' in order to prevail." When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, VA shall give the benefit of the doubt to the claimant. 38 U.S.C. § 5107(b) (2012). For VA to deny a claim on its merits, the preponderance of the evidence must be against the claim. See Alemany v. Brown, 9 Vet. App. 518, 519 (1996), citing Gilbert, 1 Vet. App., at 54. The evidence of record shows his current diagnosis of fungal skin rash. See July 2015 Skin Diseases Disability Benefits Questionnaire (DBQ). Also, the Veteran's service treatment record (STR) contains in-service diagnoses and treatments related to a skin condition. See September 11, 1970 STR (mixed fungal and bacterial infection on buttocks noted); September 24, 1970 STR (jungle rot on arms and buttocks noted); October 15, 1970 STR (jungle rot on legs noted); October 16, 1970 STR (rash on legs noted); and November 27, 1970 STR (tinea corporis on abdomen, legs, buttocks noted). Based on above, the Board finds that the first and second Shedden elements for service connection are met. The Board notes that the Veteran is competent to report to report his symptoms and history related to his skin condition, and he reported that his current skin rashes had its onset in service, and he did not have any skin condition prior to his service in Vietnam. See also July 2015 Skin Diseases DBQ (the Veteran stated that he has been having rashes for years). The Board places high probative weight on the Veteran's competent and credible report on the in-service onset and continuity of his skin rash symptoms since separation. The Board acknowledges that the July 2015 VA examiner gave a negative etiology opinion on the matter. However, the Board notes that the examiner failed to consider the Veteran's competent and credible report of continuing to have rashes since service. Thus, although the Board finds that the July 2015 VA examiner is competent and credible to provide an opinion, it cannot assign high probative weight to the examiner's opinion. Based on above, the Board resolves any reasonable doubt in the Veteran's favor and finds that the Veteran's skin condition had its onset in service. Consequently, resolving reasonable doubt in the Veteran's favor, his entitlement to service connection for a skin condition is warranted. 38 U.S.C. §§ 1110, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303 (2020). MICHAEL LANE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. E. Kim, 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.