Citation Nr: 1306649 Decision Date: 02/27/13 Archive Date: 03/01/13 DOCKET NO. 10-24 991 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Pittsburgh, Pennsylvania THE ISSUES 1. Entitlement to a rating in excess of 50 percent for pseudofolliculitis barbae and folliculitis decalvans. 2. Entitlement to a compensable rating for scarring alopecia. 3. Entitlement to a compensable rating for a left knee disability. ATTORNEY FOR THE BOARD T. L. Douglas, Counsel INTRODUCTION The appellant is a Veteran who served on active duty from November 1997 to December 2006. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2008 rating decision by the Pittsburgh, Pennsylvania, Regional Office (RO) of the Department of Veterans Affairs (VA). A December 2009 rating decision granted an increased 50 percent rating for pseudofolliculitis barbae and folliculitis decalvans effective from the date after his separation from active service. In correspondence received by the RO in December 2010 the Veteran withdrew his request for a Board hearing. The issue of entitlement to a compensable rating for hypertension has been raised by the record, but has not been adjudicated by the Agency of Original Jurisdiction (AOJ). Therefore, the Board does not have jurisdiction over that issue and it is referred to the AOJ for appropriate action. The appeal is REMANDED to the RO via the Appeals Management Center in Washington, D.C. REMAND VA has a duty to notify and assist claimants in substantiating a claim for VA benefits. 38 U.S.C.A. §§ 5100, 5102, 5103, 5103A, 5107, 5126 (West 2002 & Supp. 2012); 38 C.F.R. §§ 3.102, 3.156(a), 3.159, 3.326(a) (2012). The Veteran was notified of the duties to assist and of the information and evidence necessary to substantiate his claims by correspondence dated in November 2007. VA's duty to assist requires reasonable efforts to assist claimants in obtaining evidence necessary to substantiate a claim and in claims for disability compensation requires that VA provide medical examinations or obtain medical opinions when necessary for an adequate decision. 38 C.F.R. § 3.159 (2012). When VA undertakes to provide a VA examination or obtain a VA opinion it must ensure that the examination or opinion is adequate. Barr v. Nicholson, 21 Vet. App. 303, 312 (2007). VA has a duty to assist the Veteran which includes conducting a thorough and contemporaneous medical examination. See Hyder v. Derwinski, 1 Vet. App. 221 (1991); Green v. Derwinski, 1 Vet. App. 121, 124 (1991). A review of the record in this case reveals that in July 2011 the Veteran provided a statement in support of his claims asserting that the service-connected disabilities on appeal had increased in severity since the December 2007 examination he received to evaluate these disorders. Furthermore, those examinations over five years old and more contemporaneous evidence is needed to adjudicate these claims. The Veteran also provided additional private medical evidence in June 2012 without waiver of RO consideration. 38 C.F.R. § 20.1304 (2012). Therefore, additional development is required prior to appellate review. Accordingly, the case is REMANDED for the following action: 1. Request that the Veteran provide the names, addresses, and approximate dates of treatment of all medical care providers, VA and non-VA, who provided any treatment pertinent to the issues on appeal. After the Veteran has signed the appropriate releases, any indicated records should be obtained and associated with the claims folder. Attempts to procure records should be documented in the file. If the records identified by the Veteran cannot be obtained, a notation to that effect should be inserted in the file. The Veteran is to be notified of unsuccessful efforts to allow him the opportunity to obtain and submit those records for VA review. 2. Schedule the Veteran for an appropriate examination for an opinion as to the nature and extent of his service-connected pseudofolliculitis barbae, folliculitis decalvans, and scarring alopecia. The examiner must review the claims file and must note that review in the report. The examiner should state the percentage of total body and percentage of exposed areas affected by the disabilities. 3. Schedule the Veteran for an appropriate examination for an opinion as to the nature and extent of his service-connected left knee disability. The examiner must review the claims file and must note that review in the report. The examiner should provide ranges of left knee motion in degrees. The examiner should also state whether any instability is shown, and if so, the severity of any instability. The examiner should state whether there is any additional functional limitation due to pain, excess motion, weakened motion, fatigability, or incoordination. 4. Then readjudicate the claim. If the decision is adverse to the Veteran, issue a supplemental statement of the case and allow the appropriate time for response. Then, return the claim to the Board. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board or the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2012). _________________________________________________ Harvey P. Roberts Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. 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) (2012).