Citation Nr: 18123783
Decision Date: 08/03/18	Archive Date: 08/02/18

DOCKET NO. 15-12 128A
DATE:	August 3, 2018
REMANDED
Entitlement to an effective date earlier than June 25, 2013, for the 60 percent evaluation for tinea pedis, tinea versicolor, and dyshidrotic eczema is remanded.
REASONS FOR REMAND
The Veteran served honorably in the U.S. Army from October 1966 until October 1968.  This case comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2014 rating decision of the Department of Veteran Affairs (VA) Regional Office (RO) in Columbia, South Carolina.
In December 2017 the Veteran presented testimony at a video hearing before the undersigned Veterans Law Judge (VLJ).  A transcript of that proceeding has been associated with the claims file.
Although the Veteran submitted a Rapid Appeals Modernization Program (RAMP) opt-in election form in June 2018, the appeal had already been activated at the Board and was thus no longer eligible for the RAMP program.
Remand is required to undertake development to secure any outstanding private treatment records pertaining to the Veteran’s claims.  VA has a duty to assist claimants to obtain evidence needed to substantiate a claim.  38 U.S.C. § 5103A (2012); 38 C.F.R. § 3.159(c) (2017).  This includes making reasonable efforts to obtain relevant private medical records.  38 C.F.R. § 3.159(c)(1).
At the December 2017 Board hearing, the Veteran stated he received VA treatment and private treatment for his skin conditions.  The treatment records located in the claim file are incomplete.  The private records mentioned injections for the Veteran’s skin condition but not when the injections were administered.  The private treatment records were submitted by the Veteran.  There have been no attempts by the VA to secure the pertinent records from June 2012 until June 2013.  See 38 U.S.C. § 5110(b)(2) (2012); 38 C.F.R. § 3.400(o)(2) (2017) (noting that an increased evaluation may be warranted one year prior to the date of claim where there is a factually ascertainable increase in that disability).
Accordingly, remand is required to attempt to secure private treatment records.
The matter is REMANDED for the following action:
1. Contact the Veteran and afford him the opportunity to identify by name, address and dates of treatment or examination any relevant medical records.  Specifically records from the Dermatology Clinic, PA from June 2012 to June 2013.  Subsequently, and after securing the proper authorizations where necessary, make arrangements to obtain all the records of treatment or examination from all the sources listed by the Veteran which are not already on file.  All information obtained must be made part of the file.  All attempts to secure this evidence must be documented in the claims file, and if, after making reasonable efforts to obtain named records, they are not able to be secured, provide the required notice and opportunity to respond to the Veteran and his representative.
2. Ensure compliance with the directives of this remand.  If actions are deficient in any manner, the AOJ must implement corrective procedures.  Stegall v. West, 11 Vet. App. 268, 271 (1998).
 
K. MILLIKAN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. Bruton, Associate Counsel