Citation Nr: 18159975 Decision Date: 12/20/18 Archive Date: 12/20/18 DOCKET NO. 16-55 541 DATE: December 20, 2018 ORDER The appeal to reopen the claim of entitlement to service connection for psoriasis is granted. REMANDED Entitlement to service connection for psoriasis, to include as due to herbicide exposure, is remanded. Entitlement to a rating in excess of 20 percent for peripheral neuropathy of the right lower extremity is remanded. FINDING OF FACT 1. In an unappealed decision dated March 1995, service connection for psoriasis was denied. 2. New and material evidence has been received to reopen the claim of entitlement to service connection for psoriasis. CONCLUSION OF LAW The criteria for whether new and material evidence has been received to reopen the claim of entitlement to service connection for psoriasis have been met. 38 U.S.C. § 5108; 38 C.F.R. § 3.156. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from July 1970 to January 1972. 1. Whether new and material evidence has been received to reopen the claim of entitlement to service connection for psoriasis A previously denied claim may be reopened by the submission of new and material evidence. 38 U.S.C. § 5108; 38 C.F.R. § 3.156. Evidence is new if it has not been previously submitted to agency decision makers. 38 U.S.C. § 5108; 38 C.F.R. § 3.156(a). Evidence is material if it, either by itself or considered in conjunction with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. Id. New and material evidence cannot be cumulative or redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim. Id. The Veteran’s psoriasis claim was originally denied in a March 1995 rating decision based on a finding that the Veteran’s psoriasis did not have its onset in service and was not related to herbicide exposure in service. In an October 2013 rating decision, the Regional Office declined to reopen the claim. The Board must find new and material evidence to establish its jurisdiction to review the merits of previously denied claim. See Barnett v. Brown, 83 F.3d 1380 (Fed. Cir. 1996); Jackson v. Principi, 265 F. 3d 1366 (Fed. Cir. 2001). When determining whether the claim should be reopened, the credibility of the newly submitted evidence is to be presumed. Fortuck v. Principi, 14 Vet. App. 173, 179-80 (2003); Justus v. Principi, 3 Vet. App. 510 (1992). Furthermore, the United States Court of Veterans Appeals has clarified that the phrase “raises a reasonable possibility of substantiating the claim” is meant to create a low threshold that enables, rather than precludes, reopening. Shade v. Shinseki, 24 Vet. App. 110, 117 (2010). Evidence submitted since the Veteran’s request to reopen includes a December 2013 statement from the Veteran asserting that while in service in Vietnam, he tripped a wire causing thousands of bees to fly around him. He reported he was stung several times and was airlifted to received medical treatment and was given a blood transfusion. He asserts that the blood was tainted and caused his psoriasis condition. The evidence is new in that it was not previously considered. It is also material insofar as it addresses whether the Veteran’s psoriasis is related to service. See Shade, 24 Vet. App. at 117-18. Thus, the Board finds that the additional evidence is both new and material, and the claim for entitlement to service connection for psoriasis is reopened. REASONS FOR REMAND 1. Entitlement to service connection for psoriasis is remanded. The Veteran’s December 2013 correspondence suggests that he was hospitalized in service for bee stings and was treated via blood transfusion. Clinical and hospitalization records are often kept separate from other service treatment records. It does not appear that there has been a specific request for the hospital records. 38 C.F.R. § 3.159(c)(2). The Veteran was afforded a general VA examination in August 1972. The Veteran did not show a chronic skin disorder at the time. On remand, a new examination and opinion regarding the onset and etiology of the Veteran’s psoriasis is warranted. 2. Entitlement to a rating in excess of 20 percent for peripheral neuropathy of the right lower extremity is remanded. The claims file includes VA treatment records through October 2016. On remand, any outstanding private and VA treatment records should be associated with the record. VA has a duty, when appropriate, to conduct a thorough and contemporaneous examination of the Veteran that considers records of prior examinations and treatment. See Green v. Derwinski, 1 Vet. App. 121 (1991). A review of the claims file reveals that the Veteran was last afforded a VA examination for his peripheral neuropathy in April 2016, over 2 years ago. The Board acknowledges that the passage of time does not necessarily warrant a new examination. See Palczewski v. Nicholson, 21 Vet. App. 174 (2007) (noting that the passage of time alone, without an allegation of worsening, does not warrant a new examination). However, VA treatment notes from the period after the April 2016 examination contain symptoms indicating a possible worsening of the Veteran’s right lower extremity neuropathy. Thus, the Board finds that a current examination is necessary. The matters are REMANDED for the following action: 1. Contact the Veteran and ask that he provide a release for VA to secure records of treatment he received from any private medical treatment providers not already associated with the record. The Veteran is to be notified of any unsuccessful efforts in this regard, to allow him the opportunity to obtain and submit those records for VA review. 2. Make a specific request for in-service clinical/hospitalization records pertaining to treatment the Veteran reportedly underwent for bee stings in service. Ask the Veteran for any additional information needed to make this request. 3. Obtain the Veteran’s VA treatment records from October 2016 to present. 4. After completion of the above development, schedule the Veteran to undergo a VA examination to determine the current nature and severity of his psoriasis. The examiner should issue a medical opinion as to whether it is at least as likely as not (i.e, a 50 percent probability or higher) that the Veteran’s diagnosed psoriasis is related to any incident in his military service, to include herbicide exposure and/or a blood transfusion. The examiner is asked to explain the reasons behind any opinions expressed and conclusions reached. 5. Arrange for the Veteran to undergo a VA examination to determine the current severity of his peripheral neuropathy of the right lower extremity. JEREMY J. OLSEN Acting Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J.A. Williams, Associate Counsel