Citation Nr: 18149263 Decision Date: 11/09/18 Archive Date: 11/09/18 DOCKET NO. 12-07 815 DATE: November 9, 2018 REMANDED Entitlement to a rating in excess of 30 percent for epidermal inclusion cysts and probable chloracne is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1977 to July 1980. This case was originally before the Board on appeal from a July 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The RO granted service connection for epidermal inclusion cysts and probable chloracne disability at an initial 10 percent disability rating, effective February 10, 2012. In a December 2014 decision, the Board denied entitlement to a rating in excess of 10 percent. In February 2015 the Veteran appealed the Board’s decision to the Court. In August 2015 the Veteran’s representative and VA’s Office of General Counsel (OGC), representing the Secretary of VA, filed a Joint Motion for Remand requesting that the Court vacate the Board’s decision and remand the issue for further development in compliance with the directive specified. In August 2015, the Court granted the joint motion and returned the case to the Board. In December 2015, the Board remanded the issue for additional development. In April 2016, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A transcript of the hearing is included in the record. In August 2016, the Board again remanded this issue for further development. In a February 2017 rating decision, the Veteran was awarded an increased 30 percent disability rating for the epidermal inclusion cysts and probable chloracne effective February 10, 2012. In a July 2017 decision, the Board denied the Veteran’s claim for entitlement to a rating in excess of 30 percent. In March 2017, the Veteran appealed the Board’s decision to the Court. In March 2018, the Veteran’s representative and OGC filed a Joint Motion for Remand requesting that the Court Vacate the Board’s decision and remand the issue for further development in compliance with the directives specified. The Court granted the joint motion in March 2018. Entitlement to a rating in excess of 30 percent for chloracne is remanded. In its March 2018 Order, CAVC directs the Board to consider and discuss whether the record reasonably raises the possibility of entitlement to disability ratings pursuant to diagnostic code 7802 and 7804, and if so, whether compensation pursuant to those diagnostic codes may result in a disability rating in excess of 30 percent currently assigned pursuant to diagnostic code 7829. CAVC also directs the Board to consider and discuss whether the reference to functional impairment in the September 2016 VA examination implicates entitlement to service connection under a separate diagnostic code, not previously discussed based on limitation of motion. The Veteran has not had an examination since September 2016. Accordingly, this examination may not offer a full perspective of the current status of the Veteran’s scars, specifically, whether they are unstable or painful and warrant a higher rating under diagnostic code 7804. Accordingly, an additional VA examination is warranted. Moreover, CAVC has directed that the Board assess whether the Veteran’s scars are entitled to service connection under a separate diagnostic code based on loss of range of motion. However, the record contains no range of motion testing or evidence regarding the severity of the Veteran’s loss of range of motion (if any) as a result of his scars. Accordingly, a VA examination including range of motion testing, is warranted. The matter is REMANDED for the following action: 1. Obtain any outstanding treatment records from March 2017 to present. 2. Thereafter, schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected epidermal inclusion cysts and probable chloracne. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria including measurements of the scars in square inches or square centimeters, and whether these scars are deep, superficial, linear or nonlinear. (Continued on the next page)   The examiner should also ascertain whether the Veteran’s cysts and or acne cause a loss of range of motion of an effected part. If so, identify what part(s) are limited and conduct range of motion testing to identify the limitation. To the extent possible, the examiner should discuss the effect of the Veteran’s cysts and chloracne on any occupational functioning and activities of daily living. S. HENEKS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Wimbish, Associate Counsel