Citation Nr: 21008070
Decision Date: 02/11/21	Archive Date: 02/11/21

DOCKET NO. 13-23 513
DATE: February 11, 2021

REMANDED

An initial compensable rating for pseudofolliculitis barbae of the face is remanded.

REASONS FOR REMAND

The Veteran had active duty service from October 1987 to August 1990. This matter comes before the Board of Veterans Appeals (Board) on appeal from a rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in April 2011. A transcript of the Veteran’s November 2016 testimony at a personal hearing before the undersigned Veterans Law Judge is of record. The Board denied the claim in August 2017. The Veteran appealed to the United States Court of Appeals for Veterans Claims (Court) and the decision was vacated pursuant to a September 2018 Joint Motion for Remand and Court Order. The claim was remanded by the Board in January 2019.

1. An initial compensable rating for pseudofolliculitis barbae of the face is remanded.

The Veteran underwent VA examinations in June 2016 and November 2019 during which both VA examiners specifically noted that the Veteran’s condition did not cause any scarring. Since the Veteran asserts that he does have scarring and provided color photographs of his face in August 2020 that he asserts shows      that scarring, the Board finds that a scars/disfigurement examination should be conducted to better assess his condition. This is particularly important given the Veteran’s assertion that he should be getting a 10 percent rating under 38 C.F.R. § 4.118, Diagnostic Code 7804. Updated VA treatment records should also be requested.

The matter is REMANDED for the following action:

1. Obtain updated VA treatment records and associate them with the claims file.

2. Schedule the Veteran for a VA scars/disfigurement examination to determine the nature and severity of any scarring of the face due to the pseudofolliculitis barbae. The claims file should be reviewed by the examiner.      All necessary tests should be performed, and the     results reported.  All scarring associated with the pseudofolliculitis barbae of the face should be reported. The examiner must specifically address whether the Veteran has scarring as a result of the pseudofolliculitis barbae of the face and, if not, whether the color photographs submitted in August 2020 support             his contention that the pseudofolliculitis barbae               of the face has resulted in scarring.

3. 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	D. Van Wambeke, 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.