Citation Nr: 21021011
Decision Date: 04/09/21	Archive Date: 04/09/21

DOCKET NO. 18-25 018
DATE: April 9, 2021

REMANDED

Entitlement to service connection for allergies is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 29, 2000 to September 22, 2000, with additional service in the Army National Guard.  This matter is before the Board of Veterans’ Appeals (Board) on appeal of a September 2017 rating decision.  The Veteran appeared at a Board hearing in January 2021.  

At the Veteran’s January 2021 Board hearing, he stated that he would get really bad allergies in the summertime when he would generally be out in the woods.  Once those allergies started, they never went away.  He noted that he experienced allergies every year.  He noted that he had seen a private doctor for his condition.  A review of the record shows that the Veteran has not been afforded a VA examination specifically in connection with his claim.  Generally, VA is required to provide an examination when the evidence of record indicates that a current disorder “may be associated” with a Veteran’s military service.  This evidentiary requirement is a low threshold, and the Board finds that an examination is needed here.  See McLendon v. Nicholson, 20 Vet. App. 79 (2006).   

The matters are REMANDED for the following action:

1. Contact the Veteran and ask him to identify all private health care providers who are treating or have treated his remanded allergy condition claim, and to authorize VA to obtain, any and all treatment records pertaining to the disability.  All efforts to obtain the identified records must be fully documented in the claims file.  

2. Schedule the Veteran for an appropriate VA medical examination to determine the nature and etiology of his claimed allergy disability.  All indicated studies must be performed, and all findings reported in detail in each examination report.  The entire electronic claims file must be reviewed by the examiner.  (The Board recognizes the practical difficulties of scheduling an examination in view of the COVID-19 epidemic, and requests flexibility and understanding in affording the Veteran an opportunity to report for an examination.)  The examiner must opine whether it is at least as likely as not (a 50 percent or greater probability) that an allergy condition had its clinical onset during, or is related to, the Veteran’s active duty service. A complete rationale for any opinion expressed is needed. 

 

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A-L Evans, 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.