Citation NR: 9611726	
Decision Date: 04/30/96		Archive Date: 05/09/96

DOCKET NO.  94-20 375	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office (RO) in Waco, 
Texas


THE ISSUE

Entitlement to service connection for skin cancer, to include 
as a result of agent orange exposure.


REPRESENTATION

Appellant represented by:	The American Legion


WITNESS AT HEARING ON APPEAL

Appellant


ATTORNEY FOR THE BOARD

Jeffrey M. Blankenship, Associate Counsel


REMAND

The veteran served on active duty from June 1966 until June 
1968.

This appeal arises from a May 1992 rating decision by the RO 
in Waco, Texas which denied the veteran’s claim for service 
connection for skin cancer.

The veteran contends that he is entitled to service 
connection for skin cancer because his condition resulted 
from his military service.  He claims that he developed skin 
cancer within one year after his separation from service.  He 
further contends that he was exposed to defoliants while in 
Vietnam which he believes caused his cancer.  It has been 
requested that the veteran’s case be remanded to afford him a 
Department of Veterans Affairs (VA) examination to fully 
assist in the development of his claim.  

The record shows that the veteran has been treated for 
squamous cell carcinoma in 1983 and basal cell carcinoma in 
1988.  The Board of Veterans’ Appeals (Board) notes that the 
veteran’s private treatment records were requested from the 
Dermatology Center for treatment since 1983.  Records 
obtained from the center include a March 1983 treatment note 
indicating that the veteran had previous skin cancer removed 
from the right side of his nose, but it does not state when 
or where this was performed.  

At a hearing before a member of the Board in November 1993, 
the veteran testified that he had undergone a special agent 
orange examination at the VA Medical Center in Dallas, Texas 
in March or April 1992.  The report of this examination is 
not of record.  Additionally, the veteran said he would 
attempt to obtain treatment records for treatment he received 
shortly after his separation from service.

After reviewing the record, the Board finds that additional 
development is required in order to fully assist the veteran 
in the development of his claim.  Therefore, the case is 
REMANDED to the RO for the following action:

1.  The RO should obtain any required 
authorizations to contact the Dermatology 
Center in order to obtain legible copies 
of all records pertaining to treatment 
the veteran may have received.  All 
documents obtained should be associated 
with the claims file.

2.  The RO should contact the veteran and 
ask him to provide any additional records 
he may have obtained pertaining to 
treatment he received for his skin 
condition shortly after discharge from 
service.  Any documents he may have 
obtained should be associated with the 
claims file.

3.  The RO should obtain a legible copy 
of any report of the special agent orange 
examination the veteran claims to have 
received form the VA Medical Center in 
Dallas, Texas in March or April 1992.  
All documents obtained should be 
associated with the claims file.

4.  After completion of the above, the RO 
should schedule the veteran for a special 
VA dermatological examination to 
determine the nature and extent of any 
skin cancer and its possible relationship 
to the veteran’s military service.  The 
examiner is requested to review the 
veteran’s claims file.  The veteran 
should then be examined.  All indicated 
testing should be conducted and all 
clinical manifestations should be 
reported in detail.  Based upon the 
examination and review of the record, the 
examiner should proffer an opinion, with 
supporting analysis, as to the etiology 
of the veteran’s skin cancer and any 
possible relationship to service.  
Reasons and bases for all conclusions 
should be provided.

5.  After completion of the above, the RO 
should review the record and again 
adjudicate the veteran’s claim of 
entitlement to service connection for 
skin cancer, to include exposure to agent 
orange.

Following review, if any determination made remains 
unfavorable to the veteran, a supplemental statement of the 
case which sets forth the evidence received since the most 
recent statement of the case should be issued to the veteran 
and his representative.  Thereafter, the case should be 
returned to the Board for further consideration, if in order.  
The purposes of this remand are to obtain additional medical 
information and afford the veteran due process.  No action is 
required of the veteran until he receives further notice. 



		
	ROBERT D. PHILIPP
	Member, Board of Veterans' Appeals

The Board of Veterans' Appeals Administrative Procedures 
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, 741 
(1994), permits a proceeding instituted before the Board to 
be assigned to an individual member of the Board for a 
determination.  This proceeding has been assigned to an 
individual member of the Board.

Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the 
Board of Veterans' Appeals is appealable to the United States 
Court of Veterans Appeals.  This remand is in the nature of a 
preliminary order and does not constitute a decision of the 
Board on the merits of your appeal.  38 C.F.R. § 20.1100(b) 
(1995).
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