Citation Nr: 20023948 Decision Date: 04/07/20 Archive Date: 04/07/20 DOCKET NO. 16-02 757 DATE: April 7, 2020 REMANDED Entitlement to a disability evaluation in excess of 0 percent for service-connected psoriasis prior to May 8, 2013, and in excess of 30 percent from May 8, 2013, forward, is remanded. Whether a separate rating is warranted for disfigurement of the scalp and face associated with psoriasis prior to May 8, 2013, and entitlement to a disability evaluation in excess of 10 percent for disfigurement of the scalp and face associated with psoriasis from May 8, 2013, forward, is remanded. Entitlement to a disability evaluation in excess of 10 percent for service-connected partial amputation of distal right first toe with right foot Morton’s neuroma is remanded. Whether a separate 10 percent rating is warranted for a scar, status post amputation of distal right 1st toe with Morton's neuroma, from January 1, 2010, to May 7, 2013, is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1979 to June 1983; August 1986 to October 1995; and March 1999 to December 2009. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from several rating decisions issued by the Department of Veterans Affairs (VA) Regional Office (RO) in San Diego, California. In August 2012, the RO reinstated an award of service connection for psoriasis and assigned a noncompensable disability rating under Diagnostic Code 7816, effective January 1, 2010. The Veteran submitted a notice of disagreement (NOD) in September 2012, and the RO issued a statement of the case (SSOC) in March 2013. In May 2013, within one year of the August 2012 rating decision, the Veteran submitted additional relevant evidence, including treatment records from Joseph Samady, M.D., dated in October 2012 and February 2013. However, the RO did not issue a supplemental statement of the case (SSOC). See 38 C.F.R. §§ 19.31, 20.302(b)(2) (If a claimant submits additional evidence within one year of the date of mailing of the notification of the determination being appealed and that evidence, in accordance with 38 C.F.R. § 19.31, requires that the claimant be furnished a supplemental statement of the case, then the time to submit a substantive appeal shall end not sooner than 60 days after such supplemental statement of the case is mailed to the claimant, even if the 60-day period extends beyond the expiration of the one-year appeal period). Therefore, the August 2012 rating decision did not become final and is on appeal. In a February 2013 rating decision, the RO assigned a 30 percent rating for the Veteran’s psoriasis, effective May 8, 2013. The RO also awarded a separate 10 percent rating for disfigurement scalp and face associated with psoriasis under Diagnostic Code 7800, effective May 8, 2013. The Veteran maintains that the separate rating for disfigurement should be higher and should be effective January 1, 2010. See Statement in Support of Claim, dated March 3, 2015; VA Form 9, dated January 16, 2016; Esteban v. Brown, 6 Vet. App. 259, 261-62 (1994) (It is possible for a veteran to have separate and distinct manifestations from the same injury which would permit rating under several diagnostic codes; however, the critical element in permitting the assignment of several ratings under various diagnostic codes is that none of the symptomatology for any one of the conditions is duplicative or overlapping with the symptomatology of the other condition). In a March 2014 rating decision, the RO granted service connection for partial amputation of distal right 1st toe with right foot Morton's neuroma (previously rated as amputation of distal aspect of 1st and 2nd distal phalanges under DC 5199-5282) with an evaluation of 10 percent under DC 5171; partial amputation of distal right 2nd toe with Morton's right foot neuroma (previously rated as amputation of distal aspect of 1st and 2nd distal phalanges under DC 5199-5282) with an evaluation of 0 percent under DC 5173; and a scar, status post amputation of distal right 1st toe with Morton's neuroma, with an evaluation of 10 percent, each effective May 8, 2013. In a November 2015, the RO assigned earlier effective dates of January 1, 2010, for the 10 and 0 percent ratings under DCs 5171 and 5173 for the Veteran’s 1st and 2nd toes, respectively. The Veteran perfected an appeal of the 10 percent rating assigned for partial amputation of distal right 1st toe with right foot Morton's neuroma, as well as the matter of whether a separate 10 percent rating is warranted for the scar, status post amputation of distal right 1st toe with Morton's neuroma, from January 1, 2010 to May 7, 2013. See VA Form 9, dated January 16, 2016. The Veteran testified before the undersigned Veterans Law Judge (VLJ) in November 2019; a transcript is of record. 1. Entitlement to a disability evaluation in excess of 0 percent for service-connected psoriasis prior to May 8, 2013 and in excess of 30 percent from May 8, 2013, forward is remanded. 2. Entitlement to a disability evaluation in excess of 10 percent for disfigurement of the scalp and face associated with psoriasis from May 8, 2013, forward, and whether a separate rating is warranted for disfigurement of the scalp and face associated with psoriasis prior to May 8, 2013, is remanded. 3. Entitlement to a disability evaluation in excess of 10 percent for service-connected partial amputation of distal right first toe with right foot Morton’s neuroma is remanded. 4. Whether a separate 10 percent rating is warranted for a scar, status post amputation of distal right 1st toe with Morton's neuroma, from January 1, 2010, to May 7, 2013, is remanded. The Board sincerely regrets delaying the Veteran’s appeal, but further evidentiary development is necessary before his claims can be adjudicated. The Veteran was last examined for his skin condition in January 2014 and for his partial amputation of right first toe in March 2014. Since that time, he has stated that he experiences flare-ups of his skin condition. The Veteran also asserts that his foot condition has worsened to the point where he has had toe fungus where his “toenail was removed” and that he was seeing a different podiatrist for his condition. See November 2019 Hearing Transcript. He also testified that his toe is numb all the time from where the neuromas were removed. Id. As the Veteran has asserted a worsening of his conditions and his last examinations took place approximately six years ago, the Board requests new examinations to determine the current severity of his skin condition and his partial amputation of right first toe. See Snuffer v. Gober, 10 Vet. App. 400 (1997); Caffrey v. Brown, 6 Vet. App. 377 (1994). On remand, the Veteran’s relevant treatment records should also be obtained, as set forth below. The matters are REMANDED for the following action: 1. Make arrangements to obtain the Veteran’s complete treatment records, dated from January 2010 to the present, from the following: Hemet Dermatology; the Naval Hospital in San Diego; Dr. Kim; Joseph Samady, M.D.; Pacific Dermatology; Michael Durrant, D.P.M.; Dr. Taheri; Dr. Camarillo; and Robert Hartford, M.D. 2. After completing the foregoing development, schedule the Veteran for an examination with an appropriate clinician to determine the current severity of his skin condition. The entire claims file, including a copy of this remand, must be made available to the examiner, who must note its review. 3. Schedule the Veteran for an examination with an appropriate clinician to determine the current severity of his partial amputation of distal right first toe with right foot Morton’s neuroma. The entire claims file, including a copy of this remand, must be made available to the examiner, who must note its review. P.M. DILORENZO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Seserman 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.