Citation Nr: 21000968 Decision Date: 01/06/21 Archive Date: 01/06/21 DOCKET NO. 13-26 713 DATE: January 6, 2021 REMANDED Service connection for a bilateral lower extremity skin condition is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1969 to August 1971, to include service in the Republic of Vietnam. The procedural history of this issue includes a prior Board Decision in August 2017, which the Veteran appealed to U.S. Court of Appeals for Veterans Claims (Court). In October 2018, the Court vacated the Board’s decision and remanded the appeal for compliance with a Joint Motion for Partial Remand (JMPR). The Board remanded this matter in May 2019 in accordance with the JMPR. Skin Condition In the JMPR, the parties found that the Board improperly denied the claim without providing the Veteran with an examination citing McLendon v. Nicholson, 20 Vet. App. 79, 81-82 (2006). The Board subsequently remanded for the examination and also to obtain additional private medical treatment records. Attempts to obtain the Veteran’s private treatment records were made; however, the Board finds that some private treatment records appear to be outstanding or that responses from those providers regarding the status of treatment records of the Veteran were not included in his file. As such, remand is necessary to seek to obtain these records. The VA examination took place in December 2019. The Veteran provided copies of some of his private treatment in October 2020. The December 2019 VA examiner noted the missing private treatment records and did not have benefit of those records when examining the Veteran or providing his opinion as to the etiology of the Veteran’s rash. As such, an addendum opinion is necessary, taking into consideration the private medical treatment of the Veteran’s rash. The matter is REMANDED for the following action: 1. Secure the proper authorizations for the private treatment provider Dr. D.G. specifically identified by the Veteran and make two attempts to obtain all the records of treatment or examination. All information obtained must be made part of the file. All attempts to secure this evidence must be documented in the claims file, and if, after making the two attempts to obtain named records, they are not able to be secured, provide the required notice and opportunity to respond to the Veteran and his representative. 2. After the directives outlined in instruction number 1 above are completed, and either records are received or the two directed attempts have been made without response, obtain an addendum opinion from the October 2019 VA examiner, Dr. K.L.C., if possible, regarding the etiology of the Veteran’s skin condition taking into consideration the private medical records submitted in October 2020 and any records submitted thereafter. Should the October 2019 examiner not be available, obtain an addendum opinion from a qualified examiner. Should the examiner feel that an in-person examination is necessary, one should be scheduled accordingly. The physician must opine whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s skin condition was incurred in, or due to, the Veteran’s service, to include his exposure to herbicides while in-service. The Veteran’s lay statements regarding onset and continuity of symptomology should be recorded and considered. A rationale for all opinions must be provided. JOHN Z. JONES Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Parrish, 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.