Citation NR: 9619846	
Decision Date: 07/19/96		Archive Date: 07/31/96
DOCKET NO.  94-26 092	)	DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Huntington, 
West Virginia



THE ISSUE

Entitlement to service connection for a skin disorder, as 
secondary to exposure to Agent Orange.


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

E. A. Artman, Associate Counsel



INTRODUCTION

The veteran served on active duty in the United States Army 
from May 1965 to May 1968.

The matter on appeal before the Board of Veterans' Appeals 
(Board) of the Department of Veterans Affairs (VA) arises in 
response to an April 1994 letter issued by the Huntington, 
West Virginia, Regional Office (RO) to the veteran.  The 
veteran expressed his disagreement with this letter, which he 
evidently interpreted as a denial of his claim of service 
connection for a skin disorder.  This claim was denied by the 
RO in a May 1994 rating action.


REMAND

In light of Robinette v. Brown, 8 Vet.App. 69 (1995), the 
Board finds that the veteran should be more fully notified of 
the requirements he must meet in order to file a meritorious 
claim of service connection for a skin disorder which he 
claims is secondary to inservice exposure to Agent Orange.

Initially, the Board notes that a meritorious claim is one 
which is well grounded.  This places the burden on the 
veteran of submitting competent medical evidence to the 
effect that he currently suffers from his claimed disorder 
and that this disorder is, in all probability, causally-
linked to events of the veteran's active service.  See 
Grottveit v. Brown, 5 Vet.App. 91 (1993); 38 U.S.C.A. 
§ 5107(a) (West 1991).  In cases where the claimed disorder 
is that of skin cancer, and this skin cancer is claimed to be 
attributed to exposure to Agent Orange, the burden placed 
upon the veteran is heightened, in the sense that the opinion 
of causation of his disorder will be offset against the 
findings of the Secretary of the Department with regard to 
this question.  Under the authority granted by the Agent 
Orange Act of 1991, Public Law 102-4, 105 Stat. 11 (1991), 
the Secretary has determined that a presumption of service 
connection should, specifically, not be extended to skin 
cancer, on the basis that a review of scientific studies does 
not establish a positive relationship between inservice 
exposure to herbicide agents and the development of skin 
cancer.  59 Fed. Reg. 341 (1994); see 38 C.F.R. §§ 3.307, 
3.309.  

Nonetheless, the veteran is to be accorded the opportunity to 
present evidence which weighs against the findings of the 
Secretary and in favor of his claim of service connection.  
Cf. Combee v. Brown, 34 F.3d 1039 (Fed. Cir. 1994).

Thus, this case is REMANDED so that the following actions may 
take place:

1.  The RO should contact the veteran in 
an appropriate manner in order to advise 
him of the necessity that he submit 
evidence which comports with the 
considerations discussed above.  It is 
not sufficient that the RO merely provide 
a list of those disorders for which 
presumptive service connection may be 
extended under the current law.  See 
§ 3.309.  Rather, the RO should explain 
that service connection may be 
established on a presumptive basis or on 
the basis of submission of compelling 
medical evidence/opinion.  All evidence 
obtained by the RO should be associated 
with the veteran's claims file.

2.  Upon completion of step (1), the RO 
should perform any additional development 
of the facts as indicated.  It should 
then take adjudicative action on the 
claim.  If any benefit sought by the 
veteran is not granted, a supplemental 
statement of the case should be issued.

After the veteran and his representative have been given an 
opportunity to respond to the supplemental statement of the 
case, the claims file should be returned to this Board for 
further appellate review.  No action is required by the 
veteran until he receives further notice.  

The purpose of this REMAND is to procure clarifying data and 
to comply with governing adjudicative procedures.  The Board 
intimates no opinion, either legal or factual, as to the 
disposition of this appeal.  



		
	STEPHEN L. WILKINS
	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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