Citation Nr: 21003031 Decision Date: 01/19/21 Archive Date: 01/19/21 DOCKET NO. 09-32 043A DATE: January 19, 2021 REMANDED Entitlement to a rating in excess of 10 percent for folliculitis is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1979 through June 1983 and April 1990 through July 1991. This matter comes before the Board of Veterans’ Appeals (BVA or Board) on appeal from June 2005, January 2008, March 2009, and June 2009 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO). In May 2011, June 2014, and June 2018, the Board remanded these matters to the Agency of Original Jurisdiction (AOJ) for additional development. The appeal has since returned to the Board. The Board takes notice that the Veteran’s representative attempted to opt into the Appeals Modernization Act (AMA) by submitting a VA Form 20-0995 Supplemental Claim Application on May 2020. As a Form 10182 Decision Review Request: Board Appeal notice has not been filed within one year of the April 2020 Supplemental Statement of Case (SSOC), the Board has no jurisdiction under AMA. The appeal will be processed under the legacy system. 1. Entitlement to a rating in excess of 10 percent for folliculitis is remanded. In June 2018, the Board’s remand instructed the AOJ to schedule a VA examination for the Veteran’s claim for an increased rating for folliculitis. The AOJ complied with Board’s request and scheduled the VA examination. However, the VA examination was canceled because the Veteran failed to RSVP. In May 2020, the Veteran submitted a statement informing that he had not received notice of a scheduled examination. Further, he desired that his VA examination be rescheduled. The Board accepts the Veteran’s contention and finds that remand is necessary to reschedule a VA examination. In so doing, the Board takes notice that the Veteran may be incarcerated. See January 2021 Bureau of Prisons Match. The Board notes the duty to assist provisions of 38 U.S.C. § 5103A and 38 C.F.R. § 3.159 applies equally to incarcerated Veterans and non-incarcerated Veterans and VA has established special procedures for handling the scheduling of VA examinations for incarcerated veterans. Wood v. Derwinski, 1 Vet. App. 190, 193 (1991) (providing that the duty to assist incarcerated Veterans requires VA to tailor its assistance to meet the peculiar circumstances of confinement; as such individuals are entitled to the same care and consideration given to their fellow non-incarcerated veterans). VA’s duty to assist an incarcerated Veteran includes:(1) attempting to arrange transportation of the claimant to a VA facility for examination; (2) contacting the correctional facility and having their medical personnel conduct an examination according to VA examination work sheets; or (3) sending a VA or fee-basis examiner to the correctional facility to conduct the examination. Bolton v. Brown, 8 Vet. App. 185, 191 (1995). As such, the RO should attempt to schedule a VA examination despite the Veteran’s incarceration. The matter is REMANDED for the following action: 1. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected folliculitis. a. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria. b. The examiner must attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, if reported. c. To the extent possible, the examiner should identify any symptoms and functional impairments due to folliculitis alone, and discuss the effect of the Veteran’s folliculitis on any occupational functioning and activities of daily living. If it is not possible to provide specific measurement, or an opinion regarding flare-ups, symptoms, or functional impairment without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training). (CONTINUED ON NEXT PAGE) 2. Document attempts to schedule and notify the Veteran of the VA examination, to include steps taken if the Veteran is incarcerated. Bethany L. Buck Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board N.B. Mmeje, 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.