Citation Nr: 21072596 Decision Date: 12/03/21 Archive Date: 12/03/21 DOCKET NO. 10-25 531 DATE: December 3, 2021 REMANDED Entitlement to service connection for a skin disorder, other than residuals of cellulitis and epidermophytosis, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from September 1942 to October 1943. In September 2017, the Board issued a decision that denied entitlement to service connection for a skin disorder. The Veteran appealed the denial to the U.S. Court of Appeals for Veterans Claims (Court). In a February 2019 Memorandum Decision, the Court affirmed the Board's denial of service connection for a skin disorder on a direct basis, and set aside the Board's denial of secondary service connection and remanded for further proceedings. Consistent with the Court's decision, the Board remanded the claim to obtain a medical opinion to determine whether the Veteran's current skin disorder is secondary to his service-connected cellulitis residuals and/or epidermophytosis. This appeal was last before the Board in September 2021 when it was remanded to obtain a sufficient secondary service connection opinion. Unfortunately, the opinion provided is not sufficient for adjudication purposes, and the appeal must be remanded once again. Stegall v. West, 11 Vet. App. 268 (1998). Entitlement to service connection for a skin disorder, other than residuals of cellulitis and epidermophytosis is remanded. As stated above, in the previous remand, the Board sought a medical opinion regarding the Veteran's claim for his skin condition, claimed as eczema, nevi, and seborrheic dermatitis, as secondary to his service-connected cellulitis residuals and/or his service-connected epidermophytosis, and whether his seborrheic dermatitis is secondary to his service-connected depressive disorder. In September 2021, a records review was conducted, and direct and secondary negative nexus opinions were provided for the Veteran's claimed conditions. The Board notes that a direct service connection opinion was not part of the Board's remand directives, as that issue was finally denied in the Court's Memorandum Decision in February 2019. Turning to the secondary service connection opinions, the Board finds that the reviewer used the incorrect legal standard when she opined that, "The Veteran's skin disorders; including eczema, seborrheic dermatitis, & nevi; and the depressive disorder are separate entities and are not medically related. There is a lack of sufficient objective medical evidence noted in the available medical records to confirm or support a conclusion of permanent aggravation beyond normal progression." Permanent aggravation is not the appropriate standard under 38 C.F.R. § 3,310(b); the regulation requires only an increase in severity of the nonservice-connected disease that is not due to the natural progression of the nonservice-connected disease. As the incorrect legal standard for secondary service connection was used, the rationale is insufficient to support the negative opinion provided. In addition to the insufficient secondary service connection opinions, the Board observes that the most recent mailing of the Supplemental Statement of the Case (SSOC) shows as returned mail. It appears that the Veteran's attorney has not received a copy of the SSOC, which provides the attorney the opportunity to submit additional evidence and argument. As such, the Board finds that a remand is necessary to correct this due process deficiency. 38 C.F.R. § 19.31. The matters are REMANDED for the following action: 1. Verify the Veteran's attorney's address and send a copy of the SSOC to him. 2. Obtain an addendum medical opinion from a reviewer other than the September 2021 examiner, if possible, regarding the claim for service connection for a skin disorder other than residuals of cellulitis and epidermophytosis. If a new examination is deemed necessary, one should be scheduled. After review of the claims file, the examiner should respond to the following questions: a. Is it at least as likely as not (50 percent or greater probability) that the Veteran's eczema is aggravated (an increase in severity) beyond its natural clinical course by his service-connected cellulitis residuals and/or epidermophytosis? b. Is it at least as likely as not (50 percent or greater probability) that the Veteran's nevi are aggravated (an increase in severity) beyond their natural clinical course by his service-connected cellulitis residuals and/or epidermophytosis? c. Is it at least as likely as not (50 percent or greater probability) that the Veteran's seborrheic dermatitis is proximately due to, or caused by, his service-connected depressive disorder? d. Is it at least as likely as not (50 percent or greater probability) that the Veteran's seborrheic dermatitis is aggravated (an increase in severity) beyond its natural clinical course by his service-connected depressive disorder, or by his service-connected cellulitis residuals, or by his service-connected epidermophytosis? 3. A rationale for all opinions expressed should be provided as the Board is precluded from making any medical determinations. T. REYNOLDS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board L. Nelson 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.