Citation Nr: 21073122
Decision Date: 12/07/21	Archive Date: 12/07/21

DOCKET NO. 15-01 135
DATE: December 7, 2021

REMANDED

Entitlement to a compensable rating for atopic dermatitis is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 2001 to July 2004.  

This case comes before the Board of Veterans' Appeals (Board) on appeal from a September 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).  In February 2018, the Veteran testified at a Board hearing.  The transcript is of record.  This issue was previously before the Board, most recently in March 2021, when remanded for further development.  

In a November 2020 rating decision, the RO granted entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) effective November 20, 2019.  The Board notes a March 2021 request for a higher-level RO review of the effective date, but the issue of TDIU entitlement is no longer before the Board.  See Grantham v. Brown, 114 F.3d 1156, 1158-59 (Fed. Cir. 1997) (characterizing the assignment of an effective date as a separate, downstream issue from the underlying grant of the benefit).

 

Entitlement to a compensable rating for atopic dermatitis is remanded.

Unfortunately, there has not been substantial compliance with the Board's previous remand directives regarding the issue of entitlement to a compensable rating for atopic dermatitis.  Another remand is required.  Stegall v. West, 11 Vet. App. 268, 271 (1998).

In March 2021, the Board remanded this case for a VA examination to address the Veteran's dermatitis flare-ups.  A VA examination was conducted in August 2021; however, the examiner failed to comply with the Board's directive to consider and address the Veteran's dermatitis flare-ups. No opinion was provide as to the extent of affected area of the skin during a flare as requested. As such, a remand is necessary for another VA examination.  

The matter is REMANDED for the following actions:

1. Obtain updated VA and/or private treatment records.  If such records are unavailable, the Veteran's claim file must be clearly documented to that effect and the Veteran notified in accordance with 38 C.F.R. § 3.159(e).

2. Schedule the Veteran for a VA examination by an appropriate medical professional to determine the current extent and severity of symptoms associated with the service-connected atopic dermatitis.  The entire claims file, to include all electronic files, must be reviewed by the examiner.  

The examination should be conducted during a flare-up or active phase of the skin condition, if possible, in coordination with the Veteran.  

If the examination is not conducted during a flare-up, the examiner must attempt to ascertain information, such as frequency, duration, characteristics, severity, and functional loss, regarding any flare-ups by alternative means such as the Veteran's statements, to include her testimony regarding flare-ups that occur every couple.

 

 

G. A. WASIK

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	James Hekel

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.