Citation Nr: 21042257 Decision Date: 07/12/21 Archive Date: 07/12/21 DOCKET NO. 19-03 016 DATE: July 12, 2021 REMANDED Entitlement to service connection for the residuals of skin cancer on left foot is remanded. Entitlement to service connection for residuals of lymphadenectomy left leg is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1961 to February 1964. He had additional service with the United States Naval Reserve, to include periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA). 1. Entitlement to service connection for skin cancer on left foot is remanded. The Veteran contends that his skin cancer (malignant melanoma) was incurred in, or is otherwise, due to his service. The Veteran's private treatment records show the Veteran was diagnosed with melanoma in October 1980. Service treatment records do not show the Veteran as having been treated for sunburn or skin cancer during active service. However, in during an annual examination for the Naval Reserve in February 1978, the examiner noted a lesion on the Veteran's left foot that was thought to possibly be melanoma. During the Veteran's 2021 Board hearing, the Veteran's representative argued that exposure to sunlight and ultraviolet rays during the Veteran's active service and during his periods of ACDUTRA and INACDUTRA may have caused the Veteran's skin cancer. The Veteran provided testimony that "I was an officer of the deck, so I was always out on the bridge and the bridge wings. So, you know, I had plenty of exposure to the sun, that's for sure." The Board finds his statements in this regard to be both competent and credible. The Veteran has not received a VA examination for his melanoma. VA is required to provide a VA medical examination or a medical opinion, the following factors should be considered: (1) whether there is competent evidence of a current disability or persistent or recurrent symptoms of a disability; (2) whether there is evidence establishing that an event, injury, or disease occurred in-service, or evidence establishing certain chronic diseases were manifested during an applicable post-service presumptive period; (3) whether there is an indication that the disability or symptoms may be associated with the Veteran's service or with another service-connected disability; and (4) whether there otherwise is sufficient competent medical evidence of record to make a decision on the claim. 38 U.S.C. § 5103A (d); 38 C.F.R. § 3.159 (c)(4). The third factor has a low threshold and requires only that the evidence "indicates" that there "may" be a nexus between the current disability or symptoms and a veteran's service. McLendon v. Nicholson, 20 Vet. App. 79 (2006). In the present case, the Veteran was previously diagnosed with malignant melanoma, and underwent extensive surgery to remove the condition; thus, the Board finds that a current disability is present. The Veteran has provided credible lay testimony about his sun exposure related to his daily duties during his service; thus, the Board find evidence of an in-service event. Additionally, the Board finds that the evidence indicates there may be an association between the Veteran's melanoma and his in-service exposure to the sun. As there is no competent evidence of record that the Veteran's melanoma residuals are at least as likely as not due to sun exposure during service, the Board finds a VA examination is warranted to address this theory. 2. Entitlement to service connection for lymphadenectomy left leg is remanded. The Veteran's claim of entitlement to service connection for the residuals of his lymphadenectomy of the left leg has been claimed as secondary to his claim for service connection for the residuals of skin cancer. As to whether the Veteran is granted service connection for the residuals of skin cancer may significantly impact the determination of whether service connection for the residuals of his lymphadenectomy of the left leg is warranted, the Board finds that this issue must be remanded as well. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). The matters are REMANDED for the following action: 1. Undertake appropriate efforts to schedule the Veteran for a VA examination to determine the etiology of the Veteran's malignant melanoma, or any current residuals. The claims file must be made available to the examiner. The examiner is requested to provide an opinion as to the following: Is it at least as likely as not (a 50 percent or greater probability) that the Veteran's melanoma (1) began during any period of active service, ACDUTRA, or INACDUTRA; or (2) is related to an injury or disease during any period of active service or ACDUTRA or an injury during any period of INACDUTRA, including sun exposure during service. The examiner is asked to specifically address the Veteran's lay statements about his sun exposure during service. See Hearing Testimony p. 7. A complete rationale for all opinions must be provided. If the examiner cannot provide a requested opinion without resorting to speculation, it must be so stated, and the examiner must provide the reasons why an opinion would require speculation. K. Parakkal Veterans Law Judge Board of Veterans' Appeals Attorney for the Board P.M. Johnson, 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.