Citation Nr: 21064302
Decision Date: 10/19/21	Archive Date: 10/19/21

DOCKET NO. 10-41 873
DATE: October 19, 2021

REMANDED

Entitlement to a total disability rating based on individual unemployability (TDIU) prior to May 21, 2012 is remanded.

Entitlement to service connection for a skin disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1969 to January 1971 and from September 1990 to April 1991, with service in Southwest Asia. 

This matter was previously before the Board in April 2020. The Veteran appealed the Board's decision to the United States Court of Appeals for Veterans Claims (Court). In a May 2021 order, the Court remanded the case to the Board for action consistent with an May 2021 Joint Motion for Remand (JMR).

1. Entitlement to a total disability rating based on individual unemployability (TDIU) prior to May 21, 2012 is remanded.

Additional information is needed to make a determination on this matter. The Veteran's income for the period from 2008-2012 is not of record. Review of the file does not show that any attempts to obtain such information. Remand is therefore necessary for further development.

2. Entitlement to service connection for a skin disability is remanded.

The Veteran contends that he has a skin disability which is attributable to his service in Southwest Asia. He was provided with a VA examination in November 2018, and the examiner opined that the Veteran's skin disorders were less likely than not attributable to his service in Southwest Asia, as no skin disability was noted at separation. An addendum opinion was obtained in February 2019. This opinion also provided a negative nexus, with the rationale that there was no documentation at the time of service. These opinions are not adequate, as they are simple restatements of the facts of the case and do not provide any reasoning. Therefore, remand is necessary for a new opinion. 

The matters are REMANDED for the following action:

1. Take appropriate actions to attempt to obtain income information for the Veteran for the period from 2008-2012. All attempts should be documented in the claims file. 

2. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any skin disability, other than tinea versicolor. The examiner is asked to address each of the following questions:

a) Whether any of the Veteran's reported skin rashes are attributable to a known clinical diagnosis.

b) For any identified diagnosis, the examiner should opine as to whether is it at least as likely as not (a 50 percent probability or greater) that such disability is due to service to include service in Southwest Asia.

c) If any of the Veteran's symptoms cannot be attributed to a known clinical diagnosis, the examiner should indicate whether such symptomatology represents an objective indication of disability.

The examiner must provide a detailed rationale for any opinion.

 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Creegan, Amanda

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.