Citation Nr: 20007271 Decision Date: 01/28/20 Archive Date: 01/28/20 DOCKET NO. 14-13 795 +DATE: January 28, 2020 ORDER Entitlement to service connection for pseudofolliculitis barbae is granted. REMANDED Entitlement to service connection for bilateral foot disability is remanded. FINDING OF FACT The evidence is in equipoise as to whether the Veteran’s pseudofolliculitis barbae is etiologically related to his service. CONCLUSION OF LAW The criteria for service connection for pseudofolliculitis barbae have been met. 38 U.S.C. §§ 1131, 5103, 5107; 38 C.F.R. § 3.102, 3.159, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Marine Corps from August 1983 to September 1987. In July 2019, the Veteran testified by videoconference from the RO in Waco, Texas. A transcript of that hearing is of record. Service Connection Service connection means that a veteran has a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a). Service connection may be granted for any disease diagnosed after discharge when the evidence shows that the disease was incurred in service. 38 C.F.R. § 3.303(d). Entitlement to service connection is established when the following elements are satisfied: (1) the existence of a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship or “medical nexus” between the current disability and the disease or injury incurred or aggravated during service. Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004). 1. Pseudofolliculitis barbae The Veteran asserts entitlement to service connection for pseudofolliculitis barbae, which he contends was incurred in or are related to his active duty service. The VA examinations of records show a current diagnosis of pseudofolliculitis barbae. Therefore, the Veteran has a current disability. Regarding the in-service incurrence, the Veteran’s service treatment records confirm treatment for pseudofolliculitis barbae. Therefore, there is an in-service event, injury, or disease. The Veteran is competent to report the onset of symptoms related to the pseudofolliculitis barbae skin condition, including pain, irritation, and itching during their active service. The Veteran is also competent to report experiencing the same skin symptomology since his active service as it is capable of lay observation. The Veteran’s competent testimony regarding the in-service pseudofolliculitis barbae is corroborated by service treatment records which note a diagnosis of pseudofolliculitis barbae in 1985. Further, the Veteran’s statements regarding the persistence of pseudofolliculitis barbae since service to be credible. This evidence of continuing skin symptoms during and after service suggests a link between in-service pseudofolliculitis barbae and the current skin pathology. The Board acknowledges that there is a negative medical opinion of record—in the July 2019 VA examination report. The examiner is certainly competent and credible to provide the requested opinion. As such, the evidence for and against the claim is in equipoise. The benefit of the doubt is resolved in favor of the Veteran and entitlement to service connection for pseudofolliculitis barbae is granted. REASONS FOR REMAND Bilateral foot disability The Board finds that a new VA examination is warranted to assess the etiological relationship between the Veteran’s service and his current bilateral foot disabilities. The May 2019 VA examiner was unable to provide an opinion as to whether the Veteran’s hallux valgus was due to service without resort to speculation. The reason for the examiner’s inability to provide an opinion was because there were conflicting medical reports both showing a bunion in service and showing no foot disability at discharge. Further, the examiner did not address whether any other foot disability (other than pes planus) during the appeal period was due to service. During his hearing, the Veteran testified that he entered service with flat feet, was required to walk a lot wearing boots during his time in service and he subsequently developed a bunion. Further, a 2012 examination documented a hammertoe and an April 2017 x-ray revealed hallux valgus and arthritis. A remand is necessary for an addendum opinion as to whether the Veteran’s foot disabilities, other than pes planus, are etiologically related to his boots/marches during service. The matters are REMANDED for the following action: Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any foot disabilities, other than pes planus. The examiner should identify any bilateral foot disability the Veteran has been diagnosed with since April 2014. After review of the claims file, the examiner is asked to opine whether any foot disability is at least as likely as not related to service. For purposes of this opinion, the examiner is asked to assume that the Veteran had in-service foot pain due to his boots and was found to have a bunion. The examiner should provide a rationale for any opinions rendered. H.M. WALKER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Chad Henry, Law Clerk 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.