Citation Nr: 21061807
Decision Date: 10/05/21	Archive Date: 10/05/21

DOCKET NO. 12-16 680A
DATE: October 5, 2021

REMANDED

The claim of entitlement to service connection for dermatitis of the bilateral hands is remanded.

REASONS FOR REMAND

The Veteran served on active duty from May 1988 to August 1988, June 1989 to August 1989, and October 1989 to June 2009.

This appeal is from a November 2009 rating decision.

In March 2020, the Board denied this claim.  The Veteran appealed that decision to the U.S. Court of Appeals for Veterans Claims.  In May 2021, the Court granted a Joint Motion for Partial Remand (JMPR), vacated the denial of service connection for dermatitis of the hands, and remanded the issue to the Board for additional consideration, as discussed further below.

The Board notes the Veteran's representative has submitted argument for service connection for dermatis of the hands, and also for a higher rating for tinea pedis.  A higher rating for tinea pedis was denied in the March 2020 Board decision.  The Veteran also appealed that issue to the Court, but abandoned in the JMPR.  Accordingly, the Board no longer has jurisdiction over the rating assigned to tinea pedis.

1. The claim of entitlement to service connection for dermatitis of the bilateral hands is remanded.

The Board's February 2018 Remand directed the AOJ (agency of original jurisdiction) to work with the Veteran to schedule a VA examination when his dermatitis was "active."  The September 2019 VA examiner noted the Veteran had no skin problems at that appointment, and the claim was denied thereafter.  The JMPR noted that there was no discussion as to whether an attempt had been made to schedule the VA examination during an active period, and remanded the claim for discussion as to whether there had been compliance with the February 2018 Remand.  

Upon review, the Board cannot locate evidence that an attempt was made to work with the Veteran to schedule his appointment during an active phase.  On remand, a reasonable attempt must be made to schedule an appointment during an active phase.  

The matters are REMANDED for the following action:

1. Associate updated treatment records with the claims file.

2. After completion of the above, contact the Veteran to determine whether the skin condition of his hands is actively symptomatic to schedule a VA examination.  If not active, contact him again within a reasonable time to check again.  Also, ask him to contact the AOJ if it becomes active.  An attempt to schedule the examination during an active phase should be made only after contact with him.

The examiner is asked whether it is as likely as not (50/50 probability or greater) that the Veteran has a skin disability of the hands that is related to service.  The Veteran was treated for dermatitis of the hands while in service.  He testified at his hearing that his hands will get extremely dry and cracked, at times, which he attributes to his service.  

The examiner is asked to elicit from the Veteran a detailed history and to support all opinions with explanation.  

 

 

Nathaniel J. Doan

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Gibson

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.