Citation Nr: 18154862
Decision Date: 12/04/18	Archive Date: 11/30/18

DOCKET NO. 16-52 672
DATE:	December 4, 2018
REMANDED
Entitlement to an increased rating for service-connected eczema, hand, now claimed as skin condition due to Agent Orange (AO) exposure is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the United States Army from August 1969 to January 1972.  
This case comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida.
Missing Records
Initially, the Board notes that in his VA Form 9 the Veteran reported that he received treatment at VA facilities in May 2016 and September 2016 from Broward County VA OP Clinic Dermatologist Dr. Smith-Marchant.  Additionally, the Veteran reported that he was prescribed corticosteroid drugs by the Broward County VA dermatologist during one of his 2016 appointments.  Unfortunately, these records are not in the file. 
VA medical records, even if not in the claims file, are nevertheless considered part of the record on appeal because they are within the VA’s constructive possession.  See Bell v. Derwinski, 2 Vet. App. 611, 613 (1992) (holding that VA adjudicators are deemed to have constructive notice of VA treatment records); 38 U.S.C. § 5103A (describing the duty to assist).  Therefore, complete medical records from the Veteran’s VA treatment are necessary.
Increased Ratings
The Board also notes that the last VA examination in connection with the Veteran’s service-connected eczema was conducted over 4 years ago, in March 2014.  Given the length of time since the last examination and the potential worsening of the Veteran’s claimed skin condition, a remand is warranted for a contemporaneous examination.  See Palczewski v. Nicholson, 21 Vet. App. 174, 181-82 (2007), citing Caluza v. Brown, 7 Vet. App. 498, 505-06 (1998) (“Where the record does not adequately reveal the current state of the claimant’s disability. . . the fulfilment of the statutory duty to assist requires a thorough and contemporaneous medical examination.”). 
Therefore, the Board finds that a new VA examination is warranted to determine the current severity of the Veteran’s skin condition.  
The matter is REMANDED for the following action:
1. Undertake appropriate development to obtain all outstanding records pertinent to the Veteran’s claims, to include records from Broward County VA OP Clinic Dermatologist, Dr. Smith-Marchant dated in May and September 2016.  If any requested records are not available, the record should be annotated to reflect such and the Veteran notified in accordance with 38 C.F.R. § 3.159(e).
2.  Afford the Veteran a current VA examination by an examiner with sufficient expertise to evaluate the current severity of his service connected eczema.  All pertinent evidence of record should be made available to and reviewed by the examiner.  Any indicated studies should be performed.
Ensure the examiner provides all information required for rating purposes.  If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary, he or she should be directed to clearly explain why that is so.
3. Finally, undertake any other development determined to be warranted, and then readjudicate the issue on appeal.  If the benefits sought on appeal are not granted to the Veteran’s satisfaction, furnish to the Veteran and his representative a supplemental statement of the case and afford them the requisite opportunity to respond.  Thereafter, if indicated, the case should be returned to the Board for further appellate action.

 
 
 T. REYNOLDS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	T. Gresham