Citation Nr: 21067365 Decision Date: 11/04/21 Archive Date: 11/04/21 DOCKET NO. 18-08 696 DATE: November 4, 2021 REMANDED Entitlement to an evaluation in excess of 30 percent for a skin disability, to include mycosis fungoides, is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1977 to February 1982. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a June 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran was afforded a hearing before the undersigned in November 2021. Entitlement to an evaluation in excess of 30 percent for a skin disability, to include mycosis fungoides is remanded. The Veteran was last afforded an in-person VA examination for his skin disability in June 2016. The Board acknowledges a disability benefits questionnaire dated in February 2021, which was completed based on a review of the Veteran's medical records. The Veteran's skin condition was not examined in person or via telehealth at that time. All criteria needed to rate the Veteran's skin disability were not addressed in the report. The Veteran was afforded a hearing before the undersigned in November 2021. The Veteran reported a worsening of his skin disability, requiring the use of daily retinoid cream. See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997). The Board further notes that review of the Veteran's claims file reflects that the Veteran is in the process of being scheduled for an in-person VA skin examination. See October 2021 examination request form. In light of ongoing development, to include the scheduling of a VA skin examination to assess the nature and severity of the Veteran's skin disability, the Board finds that adjudication of this appeal would be premature at this stage. Additionally, the Board notes that review of the record shows the Veteran is in receipt of Social Security Disability benefits. Social Security records are not shown to have been requested or associated with the claims file. VA has a duty to assist claimants in obtaining evidence needed to substantiate a claim, including Social Security Administration (SSA) records (which are viewed as in the constructive possession of the federal government). 38 U.S.C. §§ 5107, 5103A; 38 C.F.R. § 3.159; Goltz v. Shinseki, 590 F.3d 1317 (Fed. Cir. 2010). The matters are REMANDED for the following action: 1. The AOJ is asked to obtain and associate any outstanding VA and private treatment records with the claims file. 2. Contact the SSA and obtain a copy of that agency's decision concerning the Veteran's claim for disability benefits, including any medical records used to make the decision. If any requested records are not available, or the search for any such records otherwise yields negative results, that fact must clearly be documented in the claims file. The non-existence or unavailability of such records must be verified, and this should be documented for the record. Required notice must be provided to the Veteran and his representative. 3. Thereafter, it must ensure that the Veteran is scheduled for a VA skin examination with an appropriately qualified examiner to assess the nature and severity of his skin disability. The record, to include a copy of this Remand, should be provided to the examiner, and all necessary tests should be conducted. The examiner should describe the nature and severity of all manifestations of the Veteran's skin disability. The examiner should note the percentage of the entire body and exposed areas affected of by his skin disorder. If the examiner determines that the Veteran experiences flare-ups or additional symptoms of his skin disability, but they are not observable at the current time, he or she should estimate the entire body and exposed areas affected of such skin disability when it is in an active phase. The examiner should also identify all medications used by the Veteran for treatment of his service-connected skin disability, as identified in VA treatment records, and indicate whether each is a systemic therapy, i.e., affecting the body as a whole, or is like or similar to corticosteroids, phototherapy, retinoids, biologics, photochemotherapy, PUVA, or other immunosuppressive drugs. In offering such opinion, please be advised that systemic therapy is defined as treatment that is administered through any route (orally, injection, suppository, intranasally) other than the skin. The examiner should also describe the functional impact of the Veteran's skin disability. A rationale for any opinion offered should be provided. 4. After completing the above and any other development deemed necessary, readjudicate the claims. The SSOC specifically must note consideration of all evidence received since the January 2018 SOC. A. J. Spector Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Comninos, Georgio 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.