Citation Nr: 20022068 Decision Date: 03/30/20 Archive Date: 03/30/20 DOCKET NO. 15-19 229 DATE: March 30, 2020 REMANDED Entitlement to an initial compensable rating for eczematous-type lesions is remanded for additional development. REASONS FOR REMAND The Veteran had active military service with the U.S. Navy from August 1989 to July 1993, to include service in the Southwest Asia theatre of operations during the Persian Gulf War. During this time, he was awarded the Southwest Asia Service Medal, the Kuwait Liberation Medal, the Combat Action Ribbon, and the National Defense Service Medal, among other medals. These matters come to the Board of Veteran’s Appeals (Board) on appeal from June 2014 and January 2017 rating decisions from the Department of Veterans Affairs (VA) Regional Office (RO) in Lincoln, Nebraska. Procedurally, the Board notes that it last remanded this issue in October 2018 for the Veteran to undergo a new VA skin examination. Entitlement to an initial compensable rating for eczematous-type lesions is remanded. The Board sincerely regrets the delay that inevitably will result from the remand of this portion of the claim, but it is necessary to ensure there is a complete record and so the Veteran is afforded every possible consideration. The Veteran has asserted that an initial rating higher than the noncompensable rating currently assigned is warranted for his service-connected eczematous-type lesions. Specifically, he asserts that his skin condition affects 40 percent of his body, causes some facial disfigurement, and is characterized by flare-ups resulting in scarring that last for approximately 6 months to 1 year. See June 2018 Board Hearing Transcript. In its October 2018 remand, the Board specified that any outstanding VA treatment records were to be associated with the claims file, and the Veteran was to be scheduled for a VA skin examination to assess the current severity of his service-connected eczematous-type lesions. However, a review of the file reflects that neither of these directives have been completed by the RO; instead, the issue was merely returned to the Board without any further development. Accordingly, as Board’s directives in its October 2018 remand have not been completed, another remand is required because the file does not reflect substantial compliance with the prior remand directives. Stegall v. West, 11 Vet. App. 268 (1998). The matters are REMANDED for the following action: 1. Obtain any outstanding VA treatment records and associate them with the claims file. 2. After completion of the above development, schedule the Veteran for appropriate VA examination(s) to assist in determining the current severity of his service-connected skin condition. The skin examination should be conducted during an exacerbation or active phase of the Veteran’s skin condition, if possible, in coordination with the Veteran, in order to accurately determine the nature and current severity of his skin condition. If the Veteran has a period of exacerbation of the disability before the VA examination can be scheduled, or if the examination cannot be scheduled in conjunction with an exacerbation, he should be advised of alternative ways to present evidence of the nature and severity of his service-connected skin condition, such as hard copy photographs. Efforts to schedule the Veteran for an examination during an active period of his recurrent skin condition must be documented, and such documentation associated with the claims file. The electronic claims file, including a copy of this remand, must be made available for the examiner to review. The examination report must include a notation that this record review took place. The Veteran must be interviewed. It should be noted that the Veteran is competent to attest to matters of which he has first-hand knowledge, including observable symptomatology. The examiner must comment on any credibility issues raised by the record from a medical perspective. The examination should include any diagnostic testing or evaluation deemed necessary for the specific disability. 3. Then, after completion of the above remand directives, the AOJ must readjudicate the claim for entitlement to an initial compensable rating for rating for eczematous-type lesions. If the benefit sought remains denied, the AOJ must issue a Supplemental Statement of the Case (SSOC) and allow the Veteran and his representative an appropriate amount of time to respond. DAVID L. WIGHT Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Raj, 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.