Citation Nr: 18156029 Decision Date: 12/06/18 Archive Date: 12/06/18 DOCKET NO. 16-55 126 DATE: December 6, 2018 ORDER Service connection for eczema of the right foot is granted. REMANDED Entitlement to service connection for hypertension is remanded. Entitlement to service connection for a skin disorder, other than eczema, to include sebaceous cysts, is remanded. FINDING OF FACT The Veteran’s right foot eczema was incurred in service. CONCLUSION OF LAW The criteria for service connection for eczema of the right foot are met. 38 U.S.C. §§ 1110, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.304 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active duty service from March 1969 to October 1970, from February 2003 to June 2003, and from July 2006 to December 2007. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from the January 2009 and March 2013 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO). Regarding the Veteran’s eczema claim, the Board notes that additional evidence regarding the claim was received after the most recent Statement of the Case was issued in August 2016. See July 2017 VA skin examination report and medical opinion. The Agency of Original Jurisdiction (AOJ) has not considered this new evidence and the Veteran did not submit a waiver of initial AOJ consideration. See 38 C.F.R. § 20.1304 (c) (2018). However, in light of the Board’s grant of service connection for this disability, the Board finds that the Veteran is not prejudiced by its consideration of the appeal at this time. Service Connection for Eczema—Laws and Analysis Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active military, naval, or air service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303 (a). Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303 (d). Only chronic diseases listed under 38 C.F.R. § 3.309 (a) (2018) are entitled to the presumptive service connection provisions of 38 C.F.R. § 3.303 (b). Walker v. Shinseki, 708 F.3d 1331 Fed. Cir. 2013). Establishing service connection generally requires (1) medical evidence of a current disability; (2) medical or, in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the claimed in-service disease or injury and the present disability. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). In this case, the preponderance of the evidence of record weighs in favor of the Veteran’s claim. In a September 2007 Post-Deployment Health Assessment, the Veteran specifically indicated that he had a skin condition that developed during his deployment. In a July 2017 VA skin examination, the examiner diagnosed the Veteran with eczema of the right plantar foot. At that time, the Veteran reported that, since his deployment, he developed a skin condition on his right foot that had worsened over the years. The July 2017 VA examiner specifically opined that the Veteran’s eczema was at least as likely as not caused by or a result of environmental hazard exposure while deployed to Southwest Asia. There are no contradictory opinions of record. As such, service connection for eczema of the right foot is granted. REASONS FOR REMAND In a January 2009 rating decision, the RO, in pertinent part, denied the claims for service connection for posttraumatic stress disorder (PTSD), hypertension, and for a sebaceous cyst. In April 2009, the Veteran filed a notice of disagreement (NOD) with these three issues. A December 2010 Statement of the Case (SOC) continued the denial of these claims. The claim for PTSD was subsequently granted and has been rated in connection with the Veteran’s adjustment disorder disability (currently rated as 50 percent disabling). As such, this claim is not currently before the Board for consideration. As it pertains to the hypertension and skin disorder (claimed as a sebaceous cyst) claims, the Board notes that on February 1, 2011, the Veteran filed a request for a 30-day extension to file his substantive appeal in connection with the December 2010 SOC. The Veteran subsequently filed his VA Form 9 in March 2011. As such, the Board finds that the Veteran submitted a timely substantive appeal with the December 2010 SOC. Accordingly, these issues are currently in appellate status. The Board notes that numerous VA treatment records have been obtained since the December 2010 SOC. Further, the Veteran has not been afforded VA examinations in connection with these claims. As such, the Board will remand the claims to allow the AOJ to conduct any appropriate development deemed necessary, to include issuing a Supplemental SOC. The matter is REMANDED for the following actions: After conducting any additional development deemed necessary, to include providing examinations or obtaining medical opinions, readjudicate the issues for entitlement to service connection for hypertension and service connection for a sebaceous cyst. (Continued on the next page)   If any benefits sought are not granted, provide the Veteran and her representative with a supplemental statement of the case and allow an appropriate opportunity to respond thereto. Thomas H. O'Shay Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD R. Casadei, Counsel