Citation Nr: 21063676
Decision Date: 10/15/21	Archive Date: 10/15/21

DOCKET NO. 19-04 954
DATE: October 15, 2021

REMANDED

Entitlement to service connection for a skin disability (claimed as eczema), to include as due to herbicide agent exposure, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1964 to August 1968.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2018 rating decision.

In September 2019, the Board denied service connection for a skin condition, to include eczema.  The Veteran appealed the decision to the Court of Appeals for Veterans Claims (the Court).  In a February 2021 Order, the Court granted the VA General Counsel's and Veteran's Joint Motion for Partial Remand (JMPR).  The Board's September 2019 decision was vacated, in part, and the Veteran's claim of service connection for a skin condition, to include eczema, was remanded to the Board for readjudication in compliance with the JMPR.  

In May 2021, the Board remanded this matter for additional development in compliance with the JMPR.  

Unfortunately, another remand is necessary to adequately develop the Veteran's claim.

1. Entitlement to service connection for a skin disability (claimed as eczema), to include as due to herbicide agent exposure, is remanded.

In a March 2021 statement as well as the July 2021 VA examination, the Veteran reported private treatment for his skin conditions at Hood River Dermatology.  However, the Veteran's claims file does not contain such treatment records.  Accordingly, remand is appropriate to obtain these records.

It also appears there are outstanding VA treatment records.  The July 2021 VA examiner cited a June 2021 VA treatment record that is not in the Veteran's claims file.  In addition, VA treatment records show that potentially relevant private treatment records were scanned into the Veteran's VA medical file but are not in the claims file.  See, e.g., September 2011 VA Treatment Record (noting private family medicine treatment record scanned into Veteran's VA medical file).  Remand is also appropriate to obtain these records.

The matters are REMANDED for the following action:

1. After securing any necessary authorization, obtain any private treatment records as the Veteran may identify relevant to the claim, including any treatment records from Hood River Dermatology.

2. Obtain any additional VA treatment records, to include VA treatment records from May 2021 to the present.  Associate with the claims file all potentially relevant documents scanned into Vista Imaging or CPRS but not associated with the Veteran's claims file, including the September 2011 private family medicine treatment records.

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3. After the above development, and any other development deemed necessary, readjudicate the claim.

 

 

SHEREEN M. MARCUS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Purcell, Amy

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.