Citation Nr: 20042002
Decision Date: 06/19/20	Archive Date: 06/19/20

DOCKET NO. 18-05 480
DATE: June 19, 2020

REMANDED

The claim for entitlement to service connection for a skin disorder, to include ichthyosis vulgaris, and keratoderma palmaris (claimed as dermatitis), is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1969 to February 1970.

A May 2019 Board decision denied entitlement to service connection for a skin disorder, essentially determining that the Veteran’s preexisting skin condition was not aggravated by service.  The Veteran appealed the Board’s decision to the Court of Appeals for Veteran’s Claims, which vacated and remanded the Board’s decision in February 2020.  The Veteran was notified of this Order in May 2020, and was informed that the Board would wait 90 days before issuing a decision.  However, as the Veteran later waived the need for any additional time, the Board may proceed with this Remand at this time.

Unfortunately, additional development is required before the appeal may be adjudicated.  Specifically, when the Veteran underwent a VA examination in May 2015, the examiner stated that the Veteran’s disorder did exacerbate during service, but that this was the normal course of the disorder, and not related to active service.  However, this explanation is inadequate as it appeared to mention conflicting rationales.  Specifically, while the examiner noted that the Veteran’s skin disorder was not aggravated by service, this was contradicted by the medical board who evaluated the Veteran during active duty.  Therefore clarification is required.  

The matter is REMANDED for the following action:

1. Obtain any outstanding VA treatment records relevant to treatment the Veteran received for his skin disorder that are not already of record.  All obtained records should be associated with the evidentiary record.  If any identified records are not obtainable (or none exist), the Veteran and his representative should be notified, and the record clearly documented.

After completion of the development outlined above, obtain an addendum opinion from a VA examiner (preferably the one who performed the examination in May 2015). The examiner is asked to clarify whether it is at least as likely as not that the Veteran’s preexisting skin condition was aggravated beyond its natural progression by his active service?

In providing this opinion, the examiner is asked to consider the relevant service treatment records and the Veteran’s competent lay statements regarding aggravation and/or exacerbations while in service.  The examiner is specifically asked to address the in-service medical board determination that the Veteran’s skin condition was aggravated in service.

The complete rationale for all opinions should be set forth.  A new examination is not necessary unless deemed so by the examiner

2. After the above has been completed to the extent possible, readjudicate the claim.  If any benefit sought remains denied, provide the Veteran and his representative with a supplemental statement of the case (SSOC), and return the case to the Board.

 

B.T. KNOPE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Daniel Ballinger, Associate Counsel