Citation Nr: 21066637
Decision Date: 11/01/21	Archive Date: 11/01/21

DOCKET NO. 18-53 173A
DATE: November 1, 2021

REMANDED

Entitlement to a disability rating more than 10 percent for dermatitis is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1989 to January 1993 and from September 2008 to October 2009. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2018 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). 

The Veteran presented testimony before the undersigned Veterans Law Judge (VLJ) during a hearing in March 2021.  A transcript of the hearing is associated with the claims file.

The Veteran was last afforded a VA examination for his dermatitis in May 2018.  During the March 2021 Board hearing, he indicated that his dermatitis has increased in severity in that the disease has spread to more parts of his body and he has used various corticosteroid creams for treatment.  See the March 2021 Board hearing transcript, pgs. 2-3.  In light of the foregoing, the Board finds that a contemporaneous VA examination is warranted to ascertain the current severity of the Veteran's dermatitis.  See Snuffer v. Gober, 10 Vet. App. 400 (1997) (a veteran is entitled to a new VA examination where there is evidence that the condition has worsened since the last examination).

Additionally, during the March 2021 Board hearing, the Veteran testified that he has received private treatment for his dermatitis during the period under consideration.  Id. at page 6.  The Board observes that these treatment records are not associated with the claims folder.  Therefore, the Board finds that on remand, all outstanding treatment records should be obtained and associated with the claims folder.

The matter is REMANDED for the following action:

1. After securing the necessary authorization, obtain any outstanding, relevant medical treatment records, to include records identified during the March 2021 Board hearing.  If any records are not available, the Veteran should be notified of such.

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2. Thereafter, schedule the Veteran for appropriate VA examination(s) to assess the current severity of his service-connected dermatitis.  The claims folder must be reviewed in conjunction with the examination.  All testing deemed necessary must be conducted and results reported in detail. 

The examiner must provide an opinion as to the current severity of the Veteran's dermatitis.  All body parts affected, to include any body parts that were affected at previous periods of time during the appeal period (March 2018), should be identified.

 

 

S. HENEKS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Nadia Kamal, 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.