Citation Nr: 21002776
Decision Date: 01/14/21	Archive Date: 01/14/21

DOCKET NO. 09-41 321
DATE: January 14, 2021

REMANDED

Entitlement to a disability evaluation in excess of 10 percent for skin disease is remanded.

Entitlement to a disability evaluation in excess of 10 percent for meralgia paresthetica, right thigh, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from December 1976 to December 1980 and from January 1981 to August 1999.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal of an October 2008 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).

This case was previously remanded by the Board in April 2014 and March 2016. 

In September 2011, the Veteran testified before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the claims file.

The Board finds that further development is necessary before a decision on the merits may be made regarding the issues of entitlement increased disability ratings in excess of 10 percent for skin disease and meralgia paresthetica, right thigh. The Veteran was last provided a VA examination relating to his skin disease and meralgia paresthetica, right thigh in November 2016, over 4 years ago. In the October 2020 appellant’s brief, the Veteran’s representative stated that the Veteran’s conditions have increased in severity since the November 2016 examinations. 

In light of the Veteran’s assertions, a new VA examination is required so that the current nature and severity of the Veteran’s service-connected disabilities may be determined. See 38 U.S.C. § 5103A; 38 C.F.R. § 3.159; see also Green v. Derwinski, 1 Vet. App. 121, 124 (1991) (VA has a duty to provide the veteran with a thorough and contemporaneous medical examination); Weggenmann v. Brown, 5 Vet. App. 281 (1993) (VA has a duty to provide an examination when there is evidence that the disability has worsened since the previous examination).

The matters are REMANDED for the following action:

1. Schedule the Veteran for VA examinations to determine the nature and severity of his service-connected skin disability and his service-connected meralgia paresthetica of the right thigh.

 

 

R. FEINBERG

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. St. Laurent, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.