Citation Nr: 21071107 Decision Date: 11/29/21 Archive Date: 11/29/21 DOCKET NO. 10-27 600 DATE: November 29, 2021 REMANDED Entitlement to an initial compensable disability rating for pseudofolliculitis barbae (PFB) is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1981 to June 1984. He also had subsequent Reserve service. These matters are before the Board of Veterans' Appeals (Board) on appeal from rating decisions issued by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans' Law Judge (VLJ) at a November 2012 video conference hearing regarding the issues of entitlement to an increased rating for PFB. This case was last before the Board in March 2021, when it was remanded for additional development. During the pendency of the remand, a September 2021 rating decision granted service connection for schizoaffective disorder. Accordingly, that issue is no longer on appeal before the Board. 1. Entitlement to an initial compensable disability rating for PFB is remanded. Unfortunately, there has not been substantial compliance with the Board's previous remand directives. The prior remand directed that fee basis treatment records from that were noted to have been scanned into VistA Imaging in November 3, 2017 and February 19, 2019 VA entries be obtained. It does not appear that the referenced records have been requested. As the records were scanned into VA's VistA Imaging record system requests must continue until the RO determines that the records sought do not exist or that further efforts to obtain them would be futile. As no such determination was made, there has not been substantial compliance with the prior remand directives and another remand is required. Stegall v. West, 11 Vet. App. 268, 271 (1998). The prior remands also directed that the Veteran's complete vocational rehabilitation folder be obtained. As noted in an August 17, 2019 records request, while some records were obtained, it is unclear whether the Veteran's complete vocational rehabilitation folder was obtained. As neither additional records nor a negative response was received in response to the August 17, 2019 request, there has not been substantial compliance and additional efforts are required on remand. Stegall v. West, 11 Vet. App. 268, 271 (1998). The evidence obtained during the last remand indicates there may be outstanding relevant VA treatment records. A VA treatment record from September 10, 2021 indicates that the Veteran was to return for a follow up appointment on October 28, 2021. VA treatment records after September 22, 2021 have not been associated with the claims file. Additionally, a November 5, 2020 VA record indicates that a digital photograph of the Veteran's face had been scanned into VistA Imaging. VA record entries from March 4, 2021 and January 18, 2018 note that computer downtime notes from March 4, 2021 and January 17, 2018 had been scanned. It does not appear that the referenced record has been associated with the claims file. A remand to obtain the outstanding records is required. The Veteran's last VA examination for his PFB was in October 2019. The examination report indicates that the Veteran had not had any skin treatment in the prior 12 months. A June 2021 VA record indicates that the Veteran was prescribed medication for facial folliculitis. As the evidence indicates that the Veteran's PFB may have increased in severity since he was last examined by VA, he should be provided an opportunity to report for a VA examination. The matters are REMANDED for the following actions: 1. Ask the Veteran to provide the names and addresses of all medical care providers who have recently treated him for his claimed disabilities. After securing any necessary releases, request any relevant records identified. In addition, obtain updated VA treatment records dated since September 22, 2021 as well as the VistA Imaging records referenced in theNovember 3, 2017, January 18, 2018, February 19, 2019, November 5, 2020, and March 4, 2021 VA record entries. If any such records are determined to be unavailable, issue a formal finding of unavailability and notify the Veteran of this fact. 2. Obtain and associate the Veteran's complete VA vocational rehabilitation counseling folder, to include all evaluations and narrative reports. If any such records are determined to be unavailable, issue a formal finding of unavailability and notify the Veteran of this fact. 3. After records development is completed, schedule the Veteran for a VA skin examination to determine the current severity of his PFB and any skin disability that is a progression of his PFB. The claims file should be reviewed by the examiner. All necessary tests should be performed, and the results reported. All symptomatology associated with the PFB should be reported. 4. If the claim remains denied, issue a supplemental statement of the case. K. A. BANFIELD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Anderson 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.