Citation Nr: 21003675 Decision Date: 01/22/21 Archive Date: 01/22/21 DOCKET NO. 13-15 175 DATE: January 22, 2021 REMANDED Entitlement to an initial compensable evaluation for service-connected residuals of recurrent abscesses with scarring is remanded. REASONS FOR REMAND The Veteran served honorably on active duty from November 1984 until May 2005. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a June 2011 rating decision of a Department of Veterans Affairs (VA) Regional Offices (RO). The Veteran testified at a Board hearing before the undersigned Veterans Law Judge and a transcript of the proceeding is of record. The matter was remanded in May 2015 and October 2018 and has been returned for further appellate review. 1. Entitlement to an initial compensable evaluation for service-connected residuals of recurrent abscesses with scarring is remanded. Unfortunately, remand is again necessary to obtain an adequate medical assessment based on an accurate reporting of the facts. The October 2018 remand directed the RO to obtain another examination to assess if the Veteran had additional scarring from recurrent abscesses based on the lay testimony of additional treatment and scarring. See September 2011 supplemental claim; see February 2014 hearing testimony. The Board also directed the RO to evaluate the disability as scarring and skin disease, based on the medical evidence of antibiotic treatment in 2012 and 2014. Since the 2018 remand, the Veteran attended a VA skin disease examination in April 2019 and a scars examination in October 2020. The April 2019 VA examination report does not include any findings regarding the recurrent abscesses. The October 2020 VA examiner stated the Veteran had no recurrence of abscess since 2007 and did not require systemic antibiotic therapy for recurrent abscess. The 2020 examiner’s conclusions are not supported by the private and VA treatment records. January 2012 VA and private treatment records show the Veteran had a right thigh abscess/boil/furuncle that was 1.5 inches in diameter. The affected area was crusted and peeling, and the Veteran was prescribed medication. September 2012 private records show the Veteran had an abscess on the right buttock and was prescribed oral medication, and in October 2012 there was a well-healed furuncle scar. March 2014 VA treatment records show the Veteran had a left buttock rash with possible boil, the assessment was cellulitis, and the Veteran was again prescribed medication. Thus, remand is required for reassessment with consideration of the relevant records. Last, on remand efforts must be made to identify and obtain outstanding and relevant VA or private treatment records. 38 C.F.R. § 3.159(c)(1)(2019); Dunn v. West, 11 Vet. App. 462 (1998); Bell v. Derwinski, 2 Vet. App. 611 (1992). The matters are REMANDED for the following action: 1. Contact the appropriate VA Medical Center and obtain and associate with the claims file all outstanding records of treatment. If any requested records are not available, or the search for any such records otherwise yields negative results, that fact must clearly be documented in the claims file. Efforts to obtain these records must continue until it is determined that they do not exist or that further attempts to obtain them would be futile. The non-existence or unavailability of such records must be verified and this should be documented for the record. Required notice must be provided to the Veteran and his representative. 2. Contact the Veteran and afford him the opportunity to identify by name, address and dates of treatment or examination any relevant medical records. Subsequently, and after securing the proper authorizations where necessary, make arrangements to obtain all the records of treatment or examination from all the sources listed by the Veteran which are not already on file. 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 reasonable efforts 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. 3. After any additional records are associated with the claims file, provide the Veteran with an appropriate examination to determine the severity of the service-connected recurrent abscesses with scarring. The entire claims file must be made available to and be reviewed by the examiner. Any indicated tests and studies must be accomplished and all clinical findings must be reported in detail and correlated to a specific diagnosis. An explanation for all opinions expressed must be provided. The relevant Disability Benefits Questionnaires for both skin diseases and scars must be utilized. (a.) The examiner is requested to specifically address whether the Veteran has had any additional scarring due to recurrent abscesses other than the 3 previously identified scars. (b.) The examiner is requested to clarify whether the Veteran requires systemic therapy to treat his recurrent abscesses, and if so at what frequency. (c.) The examiner’s attention is directed to the following: January 2012 VA and private treatment records showing the Veteran had a right thigh abscess/boil/furuncle that was 1.5 inches in diameter, the affected area was crusted and peeling, and the Veteran was prescribed medication; September 2012 private records showing the Veteran had an abscess on the right buttock and was prescribed oral medication, and in October 2012 there was a well-healed furuncle scar; and March 2014 VA treatment records showing the Veteran had a left buttock rash with possible boil, the assessment was cellulitis, and the Veteran was again prescribed medication. K. MILLIKAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Smith, 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.