Citation Nr: 21010777 Decision Date: 02/25/21 Archive Date: 02/25/21 DOCKET NO. 15-05 665 DATE: February 25, 2021 REMANDED Entitlement to a compensable initial disability rating for service-connected pseudofolliculitis barbae is remanded. Introduction The Veteran served honorably on active duty in the United States Army and United States Air Force during the Peacetime and Gulf War Era, from July 1985 to January 1989 and from January 1991 to June 1991 respectively. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2014 Rating Decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in New York, New York. The Board observes that in his VA Form 9 substantive appeal submitted in February 2015, the Veteran requested a live videoconference hearing with a Veterans Law Judge (VLJ). However, by way of written communications dated November 2020 and December 2020, the Veteran asked that the hearing request “be cancelled in order to expedite a decision on the claim.” As such, the Board is honoring the Veteran’s requests and the hearing request is withdrawn. 38 C.F.R. § 20.704(e). REASONS FOR REMAND Entitlement to a compensable initial disability rating for service-connected pseudofolliculitis barbae is remanded. The Veteran was granted entitlement to service connection for pseudofolliculitis barbae by Rating Decision dated June 2014, and a non-compensable disability rating was assigned effective November 22, 2013. The Veteran seeks entitlement to a compensable initial disability rating for service-connected pseudofolliculitis barbae. The Board observes that the Veteran last underwent a VA examination regarding his claim in June 2014. At the time, the Veteran was noted to be constantly or near constantly using “some type of white cream … after shaving.” The Veteran was not reported to have any scarring or disfigurement, or to have experienced any debilitating episodes within the past 12 months. Thereafter, in April 2018 the Veteran underwent a VA examination related to a separate skin condition claim. According to the VA examiner, the Veteran’s only diagnosed skin condition, pseudofolliculitis barbae, “has over time lead to skin hyperpigmented, dry and scaley [sic] skin, texure [sic] and white spots … the conditions have gotten worse.” Further, the VA examiner noted observing “boils that appear as painful pink or red bump[s],” and that the pseudofolliculitis barbae “has caused irreversible scarring with keloiding.” The VA examiner also reported the Veteran’s treatment consisted of constant or near constant systemic corticosteroids or other immunosuppressive medications, immunosuppressive retinoids, oral medication, and topical corticosteroids. According to the VA examiner, despite ongoing immunosuppressive therapy, the Veteran continued to experience four or more debilitating episodes within the prior 12 months. Finally, the Board notes that 38 C.F.R. § 4.118, Diagnostic Code (DC) 7806 for dermatitis or eczema was amended on August 13, 2018. As such, the Veteran’s increased rating claim, which has been pending since before and after the amendment, must be considered under both sets of rating criteria for the skin, and whichever criteria is more favorable to the Veteran will be applied. The Board notes that the age of an examination is not, without more, an automatic reason for remand. However, the age of the examination combined with change in rating criteria effective August 13, 2018, and the above-referenced evidence suggesting a worsening of the Veteran’s service-connected pseudofolliculitis barbae during the pendency of the appeal warrants a new VA examination. See Snuffer v. Gober, 10 Vet. App. 400 (1997). Accordingly, this matter is REMANDED for the following action: 1. Schedule the Veteran for a VA medical examination with a physician possessing the necessary expertise to fully assess and provide an opinion regarding the nature and severity of the Veteran’s service-connected pseudofolliculitis barbae for the entire period on appeal. **To the extent possible, the skin examination should be conducted during an exacerbation or active phase of the Veteran’s skin condition. The examiner must obtain a full history from the Veteran. It should be noted the Veteran is competent to attest to factual matters of which he has first-hand knowledge, such as observable symptomology. All pertinent findings and symptomology must be reported in detail. Based upon a review of all pertinent documents in the Veteran’s claims file, including medical records, lay statements, and the examination results, the examiner must provide a full description of the disability and report all signs, symptoms, and treatment necessary for evaluating the Veteran’s service-connected pseudofolliculitis barbae under the rating criteria as it existed before and after August 13, 2018 (the date the rating criteria was last amended), and for the entire period on appeal. In offering the above opinion(s), the examiner must consider and discuss as necessary all pertinent lay and medical evidence of record including, but not limited to, the following: (a.) the Veteran’s March 2018 statement and contentions; and (b.) the VA examiner’s report dated April 2018 regarding, inter alia, current treatment and worsening symptomology. A complete and thorough rationale for any opinion(s) expressed must be provided. T. REYNOLDS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. Worsham, Attorney Advisor 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.