Citation Nr: 21070359 Decision Date: 11/23/21 Archive Date: 11/23/21 DOCKET NO. 16-62 374 DATE: November 23, 2021 REMANDED Entitlement to service connection for a skin condition (claimed as recurrent rash) is remanded. REASONS FOR REMAND The Veteran had active service with the Air Force from December 1964 to July 1969. This matter is on appeal to the Board of Veterans' Appeals (the Board) from a July 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In October 2019, the Veteran testified in a hearing before the undersigned Veterans Law Judge. A transcript of the hearing is in the evidence of record. The Veteran's claim was remanded for additional development in January 2020 and June 2020. The Board regrets the delay but finds additional development is necessary prior to final adjudication of his claim. The Board remanded the Veteran's skin claim in June 2020 for an addendum opinion from the March 2020 VA examiner. The March 2020 VA examiner was asked to consider the Veteran's competent October 2019 hearing testimony and September 2016 notice of disagreement (NOD) statement. In June 2020, the VA examiner provided an addendum opinion. The examiner opined the Veteran was diagnosed with atopic dermatitis and actinic keratosis. His service treatment records showed treatment for a sunburn. Sunburns and repeated sun exposure are known to cause actinic keratosis; however, the examiner was unable to find any other documentation of repeated treatment for sunburn or skin issues. The Veteran reported to the examiner that his skin condition started after his dates of service. Given the lack of documentation in his service records of ongoing skin issues and the Veteran's report to the examiner that his skin conditions were incurred after service it would be less likely than not incurred or caused by the claimed in-service injury, event, or illness. The June 2020 addendum opinion failed to adequately consider the Veteran's October 2019 hearing testimony and September 2016 NOD statement. In October 2019, the Veteran testified his rash started during his service in the Philippines and Vietnam. When he separated from service in July 1969, he was told he could go to the VA for any medical problems. He went to register but was told they had no available money, and he would have to wait. A private doctor had him taking oatmeal baths. After he moved to Massachusetts, he continued to experience rashes. He was referred to a dermatologist, who told him it could be jungle rot. In the September 2016 NOD, the Veteran reported recurrent rashes since his separation from service in July 1969. He attempted to get a VA examination following his separation from service but was told it would be at least a year before he could be seen. In the 1970s, he was put on oatmeal baths to no effect. Currently, he experiences a rash on his head, groin, legs, and arms. He was told this was a common condition for climates like the Philippines and Vietnam and it should improve over time. However, he has continued to have issues since leaving service. The June 2020 VA examiner did not address the Veteran's October 2019 hearing testimony or his September 2016 NOD statement. The examiner was advised the Veteran was competent to report his symptoms and history including those of continuity of symptomatology. These reports needed to be acknowledged and considered by the examiner in formulating an opinion. Therefore, the Board finds that another medical opinion addressing the Veteran's testimony regarding the onset of his skin symptoms is necessary in order to make a fully informed decision. The matters are REMANDED for the following action: 1. Obtain and associate any outstanding VA and non-VA treatment records with the claims file. 2. Obtain an opinion from a new examiner who has not previously reviewed this appeal regarding service connection for a skin condition (claimed as recurrent rash). If, and only if, the examiner feels that a physical examination is needed, one should be scheduled. The reviewing clinician is asked to opine on the following: If it is at least as likely as not that the Veteran's skin condition had its onset in or was otherwise etiologically related to any event or circumstance of his service. The examiner is asked to consider the Veteran's October 2019 hearing testimony and September 2016 NOD statement discussed in detail above. The examiner is advised the Veteran is competent to report his symptoms and history. Such reports, including those of continuity of symptomatology, must be acknowledged and considered in formulating any opinion. If the examiner rejects the Veteran's reports, the examiner must provide an explanation for such a rejection. The complete record, to include a copy of this remand and the claims folder, must be made available to and reviewed by the examiner in conjunction with the examination. The examination report must include a notation that this record review took place. 3. After completion of the above and any additional development deemed necessary, the issues on appeal should be reviewed with consideration of all applicable laws and regulations. If any benefit sought remains denied, the Veteran and his representative should be furnished with a SSOC and be afforded the opportunity to response. Thereafter, the case should be returned to the Board for further consideration. MICHAEL LANE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K.L. Byers 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.