Citation Nr: 21007547 Decision Date: 02/09/21 Archive Date: 02/09/21 DOCKET NO. 11-33 788 DATE: February 9, 2021 REMANDED Entitlement to service connection for a skin condition is remanded. Entitlement to service connection for a right ankle disorder is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1979 to April 1980. These matters come before the Board of Veterans’ Appeals (Board) on appeal from rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge at a Board hearing in May 2017. The transcript is of record. These matters were previously before the Board in September 2017 and August 2020, on which occasions they were remanded for development. They have been returned to the Board for appellate review. 1. The claims for entitlement to service connection for a skin condition and entitlement to service connection for a right ankle disorder are remanded. Although it regrets the additional delay, the Board finds it necessary to remand these matters in order to afford the Veteran adequate VA medical examinations and opinions with respect to his claimed disabilities. The VA examiner with whom the Veteran met in March 2018 indicated that the Veteran’s ankle condition was shown to be acute in service, with no evidence of chronicity of care, and essentially normal x-rays. However, that examiner does not appear to have afforded due consideration to the Veteran’s lay statements with respect to continuity of symptomatology; the Veteran has consistently indicated that his right ankle has been painful since his in-service injury, and VA treatment records reflect at least some notation of ankle-related complaints, a February 2020 VA treatment notes showing decreased deep tendon reflexes at the ankles. With respect to the Veteran’s skin issue, he has consistently maintained that the condition, which appears to be intermittent in nature, has required treatment since separation, and VA treatment records confirm that the Veteran has pursued treatment for the condition throughout the appeal period. The record also shows he has been prescribed medication for a skin condition, and the Veteran has been consistent in relating ongoing symptoms. The VA examiner with whom he met in March 2018 merely observed that no symptoms or condition was apparent on examination, and thus no chronic condition was present, but the Board finds that assessment inadequate in light of the evidence noted above. Specifically, the examiner does not appear to have considered, or at least addressed, the possibility of a chronic condition that flares intermittently, nor the fact of the Veteran’s ongoing use of prescription medication to treat a skin ailment. On remand, new VA examinations must be conducted, and adequate medical opinions obtained remedying the defects identified above. The matters are REMANDED for the following action: 1. After obtaining the necessary authorization, obtain any outstanding VA and private treatment records relevant to the Veteran’s claims. 2. Then, schedule the Veteran for a VA examination to explore the presence and etiology of his claimed skin disorder. All indicated tests and studies should be conducted and all clinical findings reported in detail. The entire claims file should be made available to and be reviewed by the examiner in conjunction with this request.        Please note all current skin-related diagnoses, to include intermittent conditions that may not be observable at the time of diagnosis; for all identified conditions, state whether it is at least as likely as not (e.g. at least a 50 percent probability or greater) that the condition began in service or is otherwise related to service. The examiner is directed to afford due consideration to the Veteran’s lay statements with respect to continuity of symptomatology. 3. Schedule the Veteran for a VA examination to explore the presence and etiology of his claimed ankle disorder. All indicated tests and studies should be conducted and all clinical findings reported in detail. The entire claims file should be made available to and be reviewed by the examiner in conjunction with this request.        Please identify whether the Veteran has a current right ankle disability, or right ankle symptoms productive of functional limitation. For any identified condition, or symptom or collection of symptoms, state whether it is at least as likely as not (e.g. at least a 50 percent probability or greater) that the condition began in service or is otherwise related to service. The examiner is directed to afford due consideration to the Veteran’s lay statements with respect to continuity of symptomatology. 4. Review the opinions and any examination reports to ensure that they are in complete compliance with the directives of this remand. If the opinion or report is deficient in any manner, the AOJ must implement corrective procedures. 5. Then, readjudicate the claim GAYLE STROMMEN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Z. Sahraie, Counsel 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.