Citation Nr: 20007744
Decision Date: 01/29/20	Archive Date: 01/29/20

DOCKET NO. 16-09 704
DATE: January 29, 2020

REMANDED

Service connection for a skin disorder is remanded.

Service connection for a disorder affecting a finger of the right hand is remanded.

REASONS FOR REMAND

In an August 2019 Order, the Court granted a Joint Motion for Partial Remand (JMPR) and vacated the Board’s October 2018 decision, denying service connection for a skin disorder and disorder affecting a finger of the right hand. The case was returned to the Board for compliance with the terms of the JMPR. 

1. Skin disorder

2. Disorder affecting a finger of right hand

The JMPR found that VA should seek additional VA treatment records. On remand, the RO should coordinate with the Veteran to obtain the exact dates and locations of VA treatment for the skin disorder and disorder affecting the right hand in order to ensure that all relevant VA treatment records are obtained. The Board notes that the claimant must cooperate fully with VA’s reasonable efforts to obtain relevant records from a federal agency, and, if requested by VA, the claimant must provide enough information to identify and locate the existing records. See 38 C.F.R. § 3.159.

After undertaking, the necessary records development to obtain relevant VA treatment records, the RO should schedule the veteran for examinations regarding these disorders.

The matters are REMANDED for the following action:

1. Contact the Veteran to obtain the dates and location of VA treatment for his skin disorder and disorder affecting a finger of the right hand. Document all attempts made to obtain records identified by the Veteran, and then obtain those record thus identified; OR if VA concludes that the records sought do not exist or that further efforts to obtain those records would be futile, then a finding of such should be issued to the claims file.

2. After the above VA treatment records development, schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any diagnosed skin disorder during the appellate period.  The examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease. The examiner should ensure that the examination report addresses the lay contentions by the Veteran as to why he believes he has a current skin disorder related to military service. The examiner should also review the Veteran’s contentions in the May 2015 statement in support of claim, May 2017 DRO hearing, and September 2018 Board hearing in rendering the medical opinions.

3. After the above VA treatment records development, schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any disorder affecting a finger (or fingers) of the right hand.  The examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease. The examiner should ensure that the examination report addresses the lay contentions by the Veteran as to why he believes he has a current disorder affecting the fingers of the right hand related to military service. The examiner should also review the Veteran’s contentions in the May 2017 DRO hearing and September 2018 Board hearing in rendering the medical opinion, as well as, the medical evidence submitted by the Veteran in August 2015.

 

 

Nathaniel J. Doan

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	AD

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.