Citation Nr: 1553550	
Decision Date: 12/23/15    Archive Date: 12/30/15

DOCKET NO.  11-32 217	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Chicago, Illinois


THE ISSUE

Entitlement to an initial compensable rating for a rash on the hands, groin and feet.


ATTORNEY FOR THE BOARD

Catherine Cykowski, Counsel


INTRODUCTION

The Veteran had active duty service from June 1967 to May 1969 and from November 1984 to June 1985.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2011 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Chicago, Illinois. 

The Veteran was previously represented by a private attorney.  In June 2015, the undersigned VLJ granted the attorney's motion to withdraw his representation of the Veteran.  An October 2015 letter informed the Veteran of the attorney's withdrawal.  In correspondence received in November 2015, the Veteran elected to represent himself.

The appeal is REMANDED to the Agency of Original Jurisdiction (AOJ).  VA will notify the appellant if further action is required.


REMAND

The Veteran's most recent VA examination for his skin rash was performed in November 2010.  The Veteran reported treatment with over-the-counter products.  The examination noted that the condition affected less than one percent of the entire body and less than one percent of exposed areas and did not require corticosteroids or other immunosuppressive drugs.  

In the October 2011 Notice of Disagreement, the Veteran asserted that his condition is worse.  He stated that his hands swelled, and that he has peeling skin on his hands.  The Veteran noted that his skin itches and bleeds.  While the duty to assist does not require that a claim be remanded solely because of the passage of time since an otherwise adequate examination was conducted (see VAOPGCPREC 11-95), the United States Court of Appeals for Veterans Claims has held that a veteran is entitled to a new VA examination where there is evidence, including his statements, that the disability has worsened since the last examination.  See Snuffer v. Gober, 10 Vet. App. 400 (1997); Caffrey v. Brown, 6 Vet. App. 377 (1994).  Therefore, based upon the Veteran's statement that his condition has worsened, a new VA examination is necessary.

Accordingly, the case is REMANDED for the following action:

1.  The RO/AMC should schedule the Veteran for a VA examination for rash of the hands, groin and feet.  The claims folder must be provided to and reviewed by the examiner in conjunction with the VA examination. 

 The VA examination should describe the Veteran's treatment for his rash and should indicate the percentage of his entire body and exposed areas affected. 

2.  Thereafter, the RO/AMC should readjudicate the claim on appeal.  If the benefit sought on appeal is not granted, the Veteran should be furnished with a Supplemental Statement of the Case (SSOC) and afforded an opportunity to respond before the file is returned to the Board for further appellate review.

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 of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner.  See 38 U.S.C.A. §§ 5109B, 7112 (West 2014).



_________________________________________________
S. L. Kennedy
Veterans Law Judge, Board of Veterans' Appeals

Under 38 U.S.C.A. § 7252 (West 2014), 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) (2015).