Citation Nr: 21015577 Decision Date: 03/17/21 Archive Date: 03/17/21 DOCKET NO. 16-41 555 DATE: March 17, 2021 REMANDED Entitlement to service connection for a lung disorder, to include as due to herbicide exposure, is remanded. Entitlement to service connection for a skin condition, to include as due to herbicide exposure, is remanded. REASONS FOR REMAND The Veteran served on active duty from May 1967 to November 1970. In a July 2019 decision, the Board denied the claim. The Veteran subsequently appealed that decision to the United States Court of Appeals for Veterans Claims (Court). In a October 2020 order, the Court granted a Joint Motion for Partial Remand (JMPR), which vacated and remanded that part of the Board’s decision that addressed the lung and skin conditions. 1. Entitlement to service connection for a lung disorder, to include as due to herbicide exposure, is remanded. The Board is unable to make an informed decision on the issue of a lung disorder because additional development is necessary. The Veteran has indicated that his lung disorder was diagnosed by his private treating physician. However, those records are not associated with the file. On remand, with the Veteran’s assistance attempt to obtain the Veteran’s private treatment records from Dr. Bergere after July 2011 or any other medical provider he has sought treatment from for his lung condition and associate them with the claims file. After any records are obtained, a medical opinion is needed. 2. Entitlement to service connection for a skin condition, to include as due to herbicide exposure, is remanded. The Board is unable to make an informed decision on the issue of a skin condition claim, because the January 2012 VA examination is inadequate. Specifically, the January 2012 examiner did not adequately address the Veteran’s lay statements that he started to have problems with itching during service and that he treated with lotion and soap and these symptoms have continued since service. On remand a new examination is necessary to address the Veteran’s lay statements in connection with his service connection claim for a skin condition. The matters are REMANDED for the following action: 1. Contact the Veteran, and, with the Veteran’s assistance identify and obtain copies of any pertinent medical or VA treatment records to include private medical records from Dr. Bergere since July 2011 and add them to the claims file. If VA attempts to obtain any outstanding records which are unavailable, the Veteran should be notified. 2. Then, after completion of the foregoing, obtain an opinion from an appropriate clinician on the nature and likely etiology of any diagnosed Veteran’s lung condition. Copies of all pertinent records must be made available to the examiner for review. If the examiner determines that an opinion cannot be provided without an examination, (or telehealth interview, review of the record, etc., if an in-person examination is not feasible) one should be scheduled. After reviewing the claims file, the examiner is asked to answer the following questions: (a) Please list all lung conditions diagnosed since 2012. (b) Is it at least as likely as not (50 percent probability) that any diagnosed lung condition was incurred in or is otherwise related to service? (c) If (b) is answered no, is it at least as likely as not (probability of at least 50 percent) that any currently diagnosed lung condition is proximately due to (caused by) the Veteran’s service? A complete rationale must be provided for all opinions. If the examiner cannot provide an opinion without resort to speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge; the examiner’s own expertise, or; whether additional facts are required and note what, if any, additional evidence would permit such an opinion to be made. 3. After completion of directive (1), obtain a medical opinion from an appropriate clinician on the nature and likely etiology of any diagnosed skin claim. If the examiner determines that an opinion cannot be provided without an examination, (or telehealth interview, review of the record, etc., if an in-person examination is not feasible) one should be scheduled. The examiner is asked to answer the following questions: (a) Please list all skin conditions diagnosed since 2012. (b) Is it at least as likely as not (50 percent probability) that any currently diagnosed skin condition was incurred in or is otherwise related to service? The examiner is asked to review and discuss the Veteran’s documented complaints during service that he experienced a rash in his groin area and lay statements that he had a skin condition following service that he self-treated with various lotions and soaps. (c) If (b) is answered no, is it at least as likely as not (probability of at least 50 percent) that any currently diagnosed skin condition is proximately due to (caused by) the Veteran’s service? A complete rationale must be provided for all opinions. If the examiner cannot provide an opinion without resort to speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge; the examiner’s own expertise, or; whether additional facts are required and note what, if any, additional evidence would permit such an opinion to be made. M.E. Larkin Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. G. Perkins, 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.