Citation Nr: 20002108 Decision Date: 01/09/20 Archive Date: 01/09/20 DOCKET NO. 16-49 422 DATE: January 9, 2020 REMANDED Entitlement to service connection for a skin disorder, to include chloracne, to include as due to exposure to herbicides is remanded. Entitlement to service connection for peripheral neuropathy of the bilateral upper extremities, to include as due to exposure to herbicides is remanded. Entitlement to service connection for peripheral neuropathy of bilateral lower extremities, to include as due to exposure to herbicides is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from October 1968 to August 1970. The Veteran is the recipient of a Bronze Star Medal, Purple Heart, and Combat Infantryman Badge, among numerous other awards. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a January 2015 rating decision by the Nashville, Tennessee Regional Office (RO) of the United States Department of Veterans Affairs. The Veteran testified at an October 2019 videoconference hearing held before the undersigned Veterans Law Judge (VLJ). A transcript of the hearing is associated with the claims file. The Veteran’s claim for service connection for chloracne has been recharacterized to reflect that the claim encompasses any and all skin disorders. Clemons v. Shinseki, 23 Vet. App. 1, 5 (2009). Service personnel records establish the Veteran’s Vietnam service, and his exposure to herbicides is conceded. 38 C.F.R. § 3.307. The Veteran is seeking service connection for a skin disorder and peripheral neuropathy of the bilateral upper and lower extremities, all to include as secondary to exposure to herbicides. The Veteran’s VA treatment records show he has been diagnosed with acne vulgaris and has been treated for epidermal cysts. The Veteran has not been afforded a VA examination to determine the nature and etiology of any skin disorder. While epidermal cysts and acne vulgaris are not disabilities included among those diseases listed in 38 C.F.R. § 3.309(e) for which service connection can be presumed due to herbicide agent exposure, the Veteran may nevertheless show entitlement to service connection for a skin disorder, including as due to herbicide agent exposure. See Combee v. Brown, 34 F.3d 1039, 1043 (Fed. Cir. 1994). In order for the Board to fairly adjudicate this issue, a VA examination and opinion are needed as to the etiology of the Veteran’s skin disorders, which considers his exposure to herbicides, including Agent Orange, in service. McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006); 38 U.S.C. § 5103A(d); 38 C.F.R. § 3.159 (c)(4). The Veteran’s post service treatment records show complaints of numbness and tingling of the upper and lower extremities. The Board finds that a VA examination and medical opinion are necessary to determine the nature and etiology of any current disability, as some forms of neuropathy are known to be related to herbicide exposure. McLendon v. Nicholson, 20 Vet. App. 79 (2006). A review of the file reveals the most recent VA treatment records are dated April 2016. At his hearing, the Veteran testified that he had seen private providers for his skin disorder. On remand, an attempt to obtain both outstanding VA treatment records and any relevant private treatment records should be made. The matters are REMANDED for the following action: 1. Associate with the claims file updated VA treatment records. 2. Take appropriate steps to obtain complete treatment records from private medical providers, to include securing any necessary releases from the Veteran. 3. Schedule the Veteran for a VA skin disorders examination to determine the nature and etiology of any currently diagnosed skin disorder. The claims folder must be reviewed in conjunction with the examination. The examiner should opine as to whether it is at least as likely as not that any currently diagnosed skin disorder was caused or aggravated by service, to include as due to Agent Orange. A full and complete rationale for all opinions expressed is required. 4. Schedule the Veteran for a VA peripheral nerves examination to determine the nature and etiology of any currently diagnosed neuropathy of the bilateral upper and/or lower extremities. The claims folder must be reviewed in conjunction with the examination. The examiner should opine as to whether it is at least as likely as not (50 percent or greater probability) that any currently diagnosed peripheral neuropathy of upper and/or lower extremities was caused or aggravated by service, to include as due to Agent Orange. A full and complete rationale for all opinions expressed is required. 5. Then, readjudicate the remanded issues. If the benefits sought remain denied, the Veteran and his representative should be provided with a supplemental statement of the case. The case should then be returned to the Board for appellate review if otherwise in order. WILLIAM H. DONNELLY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. M. Lunger, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.