Citation Nr: 21022095 Decision Date: 04/14/21 Archive Date: 04/14/21 DOCKET NO. 14-06 095 DATE: April 14, 2021 REMANDED Entitlement to service connection for a skin condition of the hands, to include psoriasis, eczema, cellulitis, warts, rash, and verruca is remanded. Entitlement to service connection for a skin condition of the ankles, to include psoriasis, eczema, cellulitis, warts, rash, and verruca is remanded. REASONS FOR REMAND The Veteran served on active duty from December 1998 to December 2002, from March 2004 to November 2004, and from May 2005 to December 2005. The Veteran also served in the National guard from July 2006 to July 2009. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Anchorage, Alaska. The Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge in March 2015. A transcript of the hearing is of record. The Board remanded this matter in July 2015 and March 2018. In a December 2019 decision, the Board denied service connection for psoriasis of the hands and psoriasis of the ankles. The Veteran appealed this decision to the United States Court of Appeals for Veterans Claims (Court). In a November 2020 Order, the Court set aside the December 2019 decision denying the Veteran’s claims of service connection for psoriasis of the hands and psoriasis of the ankles, and remanded the matters to the Board for further development. The Board notes that in Clemons v. Shinseki, 23 Vet. App. 1, 5-6 (2009) the United States Court of Appeals for Veterans Claims (Court) held that in determining the scope of a claim the Board must consider the claimant’s description of the claim, symptoms described, and the information submitted or developed in support of the claim. The Board notes that the Veteran has been diagnosed with various skin conditions, as listed above. In light of the Court’s decision in Clemons, the Board has recharacterized the issues on appeal as described above. Entitlement to service connection for a skin condition of the hands, to include psoriasis, eczema, cellulitis, warts, rash, and verruca and entitlement to service connection for a skin condition of the ankles, to include psoriasis, eczema, cellulitis, warts, rash, and verruca are remanded. In a November 2020 Order, the Court incorporated a JMPR of the parties which specified that the Board failed to adequately develop and adjudicate the claims. Specifically, the JMPR concluded that the Board failed to address a reasonably raised theory of causation that the claimed skin conditions were related to exposures to chemicals and environmental exposures in active duty. Additionally, it was stated that the Board failed to address the other diagnosed skin conditions found in the record and whether they were related to service. Therefore, in light of the Court’s action, the claim must be remanded for a VA opinion that discusses the etiology of the Veteran’s skin conditions of the hands and ankles, with consideration of exposure to chemical and environmental toxins. The matters are REMANDED for the following actions: 1. Obtain any outstanding VA or private treatment records. Request that the Veteran assist with locating these records, if possible. Associate these records with the claims file. 2. Then, obtain a VA opinion from an appropriate examiner to determine the etiology of the Veteran’s skin condition of his hands and ankles, to include psoriasis, eczema, cellulitis, warts, rash, and verruca. A VA examination should be scheduled if determined necessary. The claims file and a copy of this remand must be made available for review. Following a review of the pertinent evidence the examiner must determine the following: (a) Whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s skin conditions of the hands, to include psoriasis, eczema, cellulitis, warts, rash, and verruca, are related to service, to include exposure to chemical and environmental toxins. (b) Whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s skin conditions of the ankles, to include psoriasis, eczema, cellulitis, warts, rash, and verruca, are related to service, to include exposure to chemical and environmental toxins. A clear rationale must be provided for all opinions expressed. The examiner must discuss the additional findings of skin conditions throughout the appeal period to include psoriasis, eczema, cellulitis, warts, rash, and verruca. The examiner must also discuss the Veteran’s lay statements that he was exposed to chemical and environmental toxins in service, as well as the service records showing potential exposures to chemicals, such as contaminated PPE and direct contact with chemicals that could be absorbed through the skin. If the examiner is unable to provide an opinion without resorting to mere speculation, then the examiner must state this and provide any information needed to make an opinion, if possible. 3. Thereafter, readjudicate the claim on appeal. If the benefit sought remains denied, issue the Veteran and his representative a supplemental statement of the case and provide a reasonable opportunity to respond before returning the matter to the Board for further appellate review. MICHAEL MARTIN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Saudiee Brown 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.