Citation Nr: 18160859 Decision Date: 12/28/18 Archive Date: 12/27/18 DOCKET NO. 10-10 853 DATE: December 28, 2018 REMANDED Entitlement to a compensable initial rating for service-connected tinea capitis and seborrheic dermatitis prior to October 16, 2012 is remanded. Entitlement to a rating in excess of 60 percent for service-connected tinea capitis and seborrheic dermatitis from October 16, 2012 is remanded. REASONS FOR REMAND The Veteran served on active duty from April 1983 to May 1985, from October 1988 to October 1989, and from April 1991 to June 1991. This matter comes before the Board of Veterans’ Appeals (Board) from a September 2007 rating decision of a Regional Office (RO) of the Department of Veterans Affairs (VA). This matter was previously before the Board in August 2017. In August 2017, the Board found that a reduction in the disability rating from 60 percent to 30 percent for service-connected tinea capitis and seborrheic dermatitis, effective July 23, 2015, was improper and restored the 60 percent rating effective October 16, 2012. Additionally, the Board denied a compensable rating for service-connected tinea capitis and seborrheic dermatitis prior to October 16, 2012, and denied a rating in excess of 60 percent after October 16, 2012. The Veteran filed an appeal to the United States Court of Appeals for Veteran’s Claims (Court). In June 2018, the Court granted a Joint Motion for Partial Remand (JMR) vacating the portion of the August 2017 Board decision that denied entitlement to higher ratings for service-connected tinea capitis and seborrheic dermatitis. The Board notes that the Board’s restoration of the Veteran’s 60 percent rating effective October 16, 2012, is a favorable finding that the Court did not disturb. See, e.g., Medrano v. Nicholson, 21 Vet. App. 165, 170 (2007). Finally, the Board notes that the Veteran requested a Travel Board hearing before a Veterans Law Judge but withdrew her request in March 2016. Tinea capitis and seborrheic dermatitis The Veteran seeks higher initial ratings for service-connected tinea capitis and seborrheic dermatitis. Upon close review of the record, and pursuant to the Court’s remand, the Board finds that further development of the record is required to comply with the JMR, and satisfy VA’s duty to assist the Veteran. See 38 U.S.C. § 5103A; 38 C.F.R. § 3.159. In the June 2018 JMR, the Court found that the Board overlooked evidence indicating that the Veteran was referred out for private skin care during 2015 and 2016. Specifically, the Court noted referrals to Dr. D.M. Leone in Pontiac, IL in November 2015 and Dr. Babich in Decatur, IL in February 2016. As was noted in the JMR, a close review of the record found that the treatment records from Drs. Leone and Babich are not associated with her record nor does the file contain a form authorizing the VA to retrieve such records. If such records are available, they are pertinent evidence and must be sought, in addition to any other relevant non-VA treatment records currently not in the record. Accordingly, a remand is required to allow VA to obtain authorization for and request retrieval of these records. As there are outstanding medical records that have not been obtained, the Veteran should be provided with a new VA examination to adequately address the nature and severity of her tinea capitis and seborrheic dermatitis. See Stefl v. Nicholson, 21 Vet. App. 120, 125 (2007) (an adequate VA medical examination must consider the Veteran's pertinent medical history). The matters are REMANDED for the following action: 1. Obtain all outstanding VA medical records. 2. Provide the Veteran another opportunity to identify any pertinent private treatment records. The RO/AMC should secure any necessary authorizations, to specifically include Drs. Leone and Babich. Make two requests for the authorized records from the identified physicians and facilities unless it is clear after the first request that a second request would be futile. If any requested outstanding records cannot be obtained, the Veteran should be notified of such. 3. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of her service-connected tinea capitis and seborrheic dermatitis. 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. The examiner must attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups. If it is not possible to provide a specific measurement, or an opinion regarding flare-ups, symptoms, or functional impairment without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training). TRACIE N. WESNER Acting Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. Aoughsten, Associate Counsel