Citation Nr: 18148708 Decision Date: 11/08/18 Archive Date: 11/07/18 DOCKET NO. 16-35 334 DATE: November 8, 2018 REMANDED Entitlement to service connection for a sexually transmitted disease, to include rashes and sores is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1977 to July 1980. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Columbia, South Carolina. In September 2017, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A transcript of that hearing is of record. Entitlement to service connection for a sexually transmitted disease, to include rashes and sores is remanded. The Veteran contends that he is entitled to service connection for a sexually transmitted disease, as the alleged disability is the result of active service. More specifically, the Veteran asserts that during active service he received ongoing treatment for skin rashes and sores in his groin region that resulted from active service. In an August 2015 statement, the Veteran asserted that he was drugged and sexually assaulted by a sergeant. As a result, he alleges he contracted a sexually transmitted disease. A June 1978 service medical record notes a complaint of a skin rash in the groin region. A July 1979 service medical record note indicates a lesion on the penis, and an August 1979 service medical record shows documentation of urethral discharge. A July 2014 nurse note indicated there was no evidence of sexual abuse or exploitation and that the Veteran denied military sexual trauma. In a May 2016 dermatology consult note, the Veteran was noted to have recurrent herpes simplex and was prescribed ongoing treatment. The Veteran has not received an examination for the purpose of determining if any sexually transmitted disease is service-connected. VA must provide the Veteran with an examination where the information and evidence of record does not contain sufficient competent medical evidence to decide the claim, but (1) contains competent evidence of diagnosed disability or symptoms of disability, (2) establishes an in-service event, injury or disease, or the presence of a presumptive disease during the pertinent period, and (3) indicates that the claimed disability may be associated with the in-service event, injury, or disease, or with another service-connected disability. McLendon v. Nicholson, 20 Vet. App. 79 (2006). Because of the nature of the claimed condition and notations of rashes and sores in-service, the Board finds that a VA examination is necessary to determine the etiology of any sexually transmitted disease. The matter is REMANDED for the following action: 1. Secure all outstanding VA medical records. If any records cannot be located, specifically document the attempts that were made to locate them, and explain in writing why further attempts to locate or obtain any government records would be futile. If records are unable to be obtained (a) notify the claimant of the specific records that VA is unable to obtain; (b) explain the efforts VA has made to obtain that evidence; and (c) describe any further action VA will take with respect to the claim. The claimant must then be given an opportunity to respond. 2. Then, schedule the Veteran for a VA examination to determine the nature and etiology of any sexually transmitted disease. The examiner must review the claims file and note that review in the report. All indicated tests and studies should be accomplished and the findings reported in detail. The examiner should discuss the Veteran’s lay statements regarding the history and continuity of symptomatology and in-service treatment for rashes and sores in the groin region. The examiner should provide an explanation for all conclusions. The examiner should diagnose all sexually transmitted diseases found. The examiner should opine whether it is at least as likely as not (50 percent probability or greater) that any sexually transmitted disease is related to active service, to include in-service complaints of rashes and sores in the groin region? If the examiner determines that any sexually transmitted disease is not the result of active service, but can be attributed to some other cause, the examiner should so state, taking into account the Veteran’s full post-service work and medical history. The examiner should specifically state whether there are any current residuals of the rash and penile lesions found during service. Harvey P. Roberts Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD K. D. Cross, Associate Counsel