Citation Nr: 21065410
Decision Date: 10/26/21	Archive Date: 10/26/21

DOCKET NO. 13-14 012
DATE: October 26, 2021

REMANDED

The claim for an initial evaluation in excess of 30 percent for a service-connected skin rash, including urticaria and dermatitis, is remanded. 

The claim for an initial evaluation in excess of 30 percent for a service-connected sinus condition, including chronic sinusitis, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1987 to July 1991.  In July 2021, he was afforded a hearing before the undersigned.  

1.  The claims for an initial evaluation in excess of 30 percent for service-connected skin rash, including urticaria and dermatitis, and for an initial evaluation in excess of 30 percent for service-connected sinus condition, including chronic sinusitis, are remanded.  

Based on multiple allegations, the Veteran and his representative assert that the Veteran's September 2017 VA examination reports are inadequate.  See e.g., Statements from the Veteran and his representative, received in October 2017 and August 2018.  

The Veteran was most recently afforded VA examinations for the disabilities in issue in September 2017, over four years ago.  The mere passage of time is not generally a sufficient basis for a new examination.  Palczewski v. Nicholson, 21 Vet. App. 174 (2007).  However, when available evidence is too old for an adequate evaluation of the current condition, VA's duty to assist includes providing a more current examination.  Weggenmann v. Brown, 5 Vet. App. 281 (1993).  The Board notes that not only are the most recent VA examination reports significantly dated, but it is unclear whether or not the examination reports accurately indicate the current levels of disability.  Accordingly, more contemporaneous examinations are warranted prior to evaluating the issues on appeal.  

The matters are REMANDED for the following action:

1.  Schedule the Veteran for a VA examination to assess the current nature and severity of his service-connected skin rash, including urticaria and dermatitis.  

2.  Schedule the Veteran for a VA examination to assess the current nature and severity of his service-connected sinus condition, including chronic sinusitis.  

 

 

MATTHEW W. BLACKWELDER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T.S.E., 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.