Citation Nr: 21061372 Decision Date: 10/01/21 Archive Date: 10/01/21 DOCKET NO. 14-09 222A DATE: October 1, 2021 REMANDED Entitlement to service connection for a skin condition, to include nummular dermatitis, as a result of exposure to herbicide agents is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1969 to September 1971. This matter is before the Board of Veterans' Appeals (Board) on appeal from a June 2010 rating decision of the Department of Veteran's Affairs (VA) Regional Office (RO). The Veteran was afforded a hearing in October 2020 before the undersigned Veterans Law Judge. In April 2021 the Board remanded the issue of entitlement to service connection for a skin condition to include nummular dermatitis for further development. 1. Entitlement to service connection for a skin condition, to include nummular dermatitis, as a result of exposure to herbicide. The Veteran asserts his current skin condition is related to active-duty service to include exposure to herbicide agents used in Vietnam. The Board remanded the issue of entitlement to service connection for a skin condition and directed that the Veteran be scheduled for a VA examination for his skin condition. The examiner was asked to provide an opinion as to whether the Veteran's nummular dermatitis is at least as likely as not related to his active-duty service to include exposure to herbicide agents. The Board asked the examiner to provide a rationale to support the opinion. The Veteran was afforded a VA examination in June 2021. The examiner stated in total, "it is less likely than not the Veterans nummular dermatitis diagnosed in 2005 incurred 34 years after military service. STR silent for the diagnosis or treatment plan for nummular dermatitis. Rationale is based on the review of the medical records in VBMS." The examiner did not discuss the Veteran's exposure to herbicides while serving in Vietnam in relation to his current skin condition as specifically requested by the Board. As a result, the Board finds that the June 2021 VA examination did not substantially comply with the April 2021 remand. See Stegall v. West, 11 Vet. App. 268, 271 (1998). On remand, an addendum opinion should be obtained to address the Veteran's contentions regarding exposure to herbicide agents in relation to his current skin condition. The matters are REMANDED for the following action: (Continued on the next page) 1. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran's skin condition including nummular dermatitis is at least as likely as not related to exposure to herbicide agents during active duty service. The examiner is asked to provide a rationale for the opinion. A medical opinion which concludes that a disease is not related to herbicide exposure solely because there is no presumption of service connection (i.e., is not listed in 38 C.F.R. § 3.309) is inadequate. LAURA E. COLLINS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Associate Counsel, S. Conti 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.