Citation Nr: 21041698 Decision Date: 07/09/21 Archive Date: 07/09/21 DOCKET NO. 17-04 859 DATE: July 9, 2021 ORDER New and material evidence having been received, the request to reopen a claim for service connection for a severe skin disorder due to exposure to dioxin is granted. REMANDED Service connection for a severe skin disorder due to exposure to dioxin is remanded. FINDING OF FACT The additional evidence received since these last final decisions raises a reasonable possibility of substantiating the previously denied claim for service connection for a skin condition and it is reopened. CONCLUSION OF LAW New and material evidence has been received to reopen the claim for service connection for a skin condition due to exposure to dioxin. 38 U.S.C. § 5108; 38 C.F.R. § 3.156(a). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from May 1968 to May 1970, to include service in the Republic of Vietnam. He is the recipient of the Vietnam Campaign Medal and the Combat Infantryman Badge. New Material Evidence - Skin Disorder The Veteran's claim for service connection for a skin condition was first denied in October 2008. The Veteran did not appeal that decision and it is final. A January 2011 rating decision declined to reopen the claim; the Veteran did not appeal that decision and it is also final. In April 2014, the Veteran sought to reopen his claim for service connection for a skin disorder. To reopen a previously and finally disallowed claim, new and material evidence must be submitted by the claimant or secured by VA with respect to that claim since the last final denial, regardless of the basis for that denial. VA defines "new and material evidence" as follows. "New evidence" means evidence not previously submitted to agency decision makers, and "material evidence" means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. 38 C.F.R. § 3.156(a). To warrant reopening, the new evidence must neither be cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened and must raise a reasonable possibility of substantiating the claim. Id.; see Shade v. Shinseki, 24 Vet. App. 110, 117 (2010) (holding that there is a "low threshold" for reopening). The credibility of the evidence is presumed. Justus v. Principi, 3 Vet. App. 510, 513 (1992). The Board notes that its task is to first decide whether new material evidence has been received, as opposed to whether or not the evidence actually substantiates the Veteran's claim. Pertinent evidence added to the record since the last final January 2011 rating decision includes medical records, statements, and journal articles. Thus, based on this newly added evidence, the Board finds that new and material evidence has been added to the record which relates to previously unestablished elements of the claim and the claim for service connection for a skin disorder is reopened. REASONS FOR REMAND Service Connection for a Skin Disorder Upon review of the record, the Board notes that no examination regarding the etiology of the Veteran's skin disability, including its possible relation to the Veteran's conceded exposure to herbicides while in-service, was afforded to the Veteran; remand is necessary as the low threshold for obtaining such an examination and medical opinion has been surpassed in this case. See 38U.S.C. §5103A(d); McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006). The matter is REMANDED for the following action: Schedule the Veteran for a VA examination, by a dermatologist or other qualified physician (M.D), to determine the nature and etiology of his skin disorder. The claims file, including a copy of this Remand, must be made available to the examiner and the examiner should indicate in his/her report whether or not such was reviewed. All necessary tests and studies should be accomplished. The examiner is asked to identify any and all diagnosed skin disorder of the Veteran. For every diagnosed skin disorder, the examiner should provide an opinion as to whether there is clear and unmistakable evidence, i.e., evidence for which reasonable medical providers could not differ, that such disorder existed prior to the Veteran's service; and if so, provide an opinion whether the disorder was permanently aggravated during his period of active service, to include his conceded exposure to herbicides while in-service. If there is not clear and unmistakable evidence that any diagnosed skin disorder preexisted service, state whether is it at least as likely as not (a 50 percent probability or greater) that any such diagnosed disorder had onset in service; or within one year following separation from service or was causally related to service, to include the Veteran's exposure to herbicides while in-service. The examiner must provide a complete rationale on which his/her opinion is based and must include a discussion of the medical principles as applied to the medical evidence and facts used in establishing his or her opinion. The Veteran's lay assertions as to onset and continuity of symptomatology should be recorded and considered. A rationale for all opinions must be provided. JOHN Z. JONES Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Parrish, 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.