Citation Nr: 21009541 Decision Date: 02/22/21 Archive Date: 02/22/21 DOCKET NO. 19-32 963 DATE: February 22, 2021 ORDER An effective date earlier than October 13, 2009 for the award of service connection for tinea cruris/pseudofolliculitis barbae is denied. [The appeal of the claims for service connection for a low back disability, a right knee disability, and a gastrointestinal disability will be the subject of a separate decision.] REMANDED Entitlement to an initial compensable rating for the service-connected tinea cruris/pseudofolliculitis barbae is remanded. FINDING OF FACT The Veteran did not file a formal or informal service connection claim for tinea cruris and/or pseudofolliculitis barbae prior to October 13, 2009; nor was the claim filed within a year of his separation from active service. CONCLUSION OF LAW The criteria for assignment of an effective date prior to October 13, 2009, for the award of service connection for tinea cruris/pseudofolliculitis barbae have not been met. 38 U.S.C. § 5110; 38 C.F.R. §§ 3.155, 3.400. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from September 1983 to September 1987. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2017 rating decision of the Montgomery, Alabama Regional Office (RO) of the Department of Veterans Affairs (VA). In November 2020, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge regarding the above issues on appeal. Effective Date – Earlier Than October 13, 2009 For the Grant Of Service Connection For Tinea Cruris/Pseudofolliculitis Barbae The effective date for a grant of service connection is the day following the date of separation from active service or the date entitlement arose, if the claim is received within one year after separation from service. Otherwise, it is the date of receipt of claim, or the date entitlement arose, whichever is later. 38 U.S.C. § 5110(a), (b); 38 C.F.R. § 3.400(b). The Veteran contends that he is entitled to an effective date earlier than October 13, 2009, for the award of service connection for tinea cruris/pseudofolliculitis barbae. On October 13, 2009, the Veteran filed a claim for service connection for tinea cruris and pseudofolliculitis barbae. Service connection for pseudofolliculitis barbae was granted by a September 2012 rating decision, which assigned an effective date of October 13, 2009. Service connection for tinea cruris was granted by the May 2017 Board decision. The RO implemented the Board’s decision by way of a June 2017 rating decision, which granted service connection for tinea cruris/pseudofolliculitis barbae, effective October 13, 2009. This appeal followed. Prior to the Veteran’s filing of his claim for service connection for disabilities including tinea cruris and pseudofolliculitis barbae on October 13, 2009, the record indicates that he had never filed any claims for VA benefits of any kind. The Veteran attested to such at the November 2020 Board hearing. Hence, there is not a single document of record, prior to October 13, 2009, which may be reasonably construed as a claim for service connection for any disability, much less specifically a claim for service connection for tinea cruris and/or pseudofolliculitis barbae. 38 C.F.R. §§ 3.151(a), 3.155(a). Further, since the claim for service connection was received in October 2009—i.e., more than one year following the Veteran’s September 1987 separation from service, as a matter of law, the effective date can be no earlier than the date of receipt of the claim. 38 C.F.R. § 3.400(b). While sympathetic to the Veteran’s belief that an earlier effective date is warranted, for the reasons outlined above, in this case, the Board is precluded from assigning an effective date prior to October 13, 2009, for the grant of service connection for tinea cruris/pseudofolliculitis barbae. As such, the benefit sought on appeal must be denied. REASONS FOR REMAND Entitlement to an initial compensable rating for the service-connected tinea cruris/pseudofolliculitis barbae The Veteran was afforded a VA skin diseases examination in November 2019 to assess the severity of his service-connected skin condition symptoms. The first page of the examination report indicates that no records were reviewed by the examiner. Also, at the end of the report, an additional question asked the examiner to acknowledge that all relevant records pertaining to the Veteran’s conditions had been reviewed. The examiner responded, “no records available for review.” The Veteran’s representative has objected to the adequacy of the November 2019 VA examination because the examiner did not review the Veteran’s medical history, particularly a private medical opinion regarding the Veteran’s tinea cruris submitted in December 2016. The Board, thus, finds that a new VA examination with a full review of the Veteran’s relevant medical history is warranted to determine the severity of his service-connected skin symptoms. In addition, the Veteran testified before the Board in November 2020 that he had sought treatment from a private provider for his skin condition during the period on appeal. However, the records from this provider are not associated with the claims file. These records should be sought on remand. Accordingly, this matter is REMANDED for the following actions: 1. Ask the Veteran to complete a VA Form 21-4142 for all private providers who have treated him for his tinea cruris and/or pseudofolliculitis barbae. Make two requests for all authorized records from each identified provider from January 2009 through the present, unless it is clear after the first request that a second request would be futile. 2. Then, schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected tinea cruris and pseudofolliculitis barbae. The Veteran’s claims file should be made available to the examiner in conjunction with this examination, and the examiner’s review of the folder should be annotated in the examination report. The examiner should provide a full description of these disabilities and report all signs and symptoms associated with these disorders. To the extent possible, the examiner should identify any symptoms and functional impairments due to his service-connected skin conditions alone and discuss the effect of the conditions on any occupational functioning and activities of daily living. A rationale for all requested opinions shall be provided. If the examiner cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete explanation stating why this is so. In so doing, the examiner shall explain whether the inability to provide a more definitive opinion is the result of a need for additional information or that he or she has exhausted the limits of current medical knowledge in providing an answer to that particular question. No action is required of the Veteran until he is notified by VA. However, he is advised of his obligation to cooperate in ensuring the duty to assist is satisfied. Kowalski v. Nicholson, 19 Vet. App. 171 (2005). His failure to report for a VA medical examination may impact the determination made. 38 C.F.R. § 3.655. The Veteran also is advised that he has the right to submit additional evidence and argument with respect to this matter. Kutscherousky v. West, 12 Vet. App. 369 (1999). This appeal must be afforded prompt treatment. THERESA M. CATINO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Davidoski, Associate 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.