Citation Nr: 21025602
Decision Date: 04/28/21	Archive Date: 04/28/21

DOCKET NO. 19-06 350A
DATE: April 28, 2021

REMANDED

Entitlement to a compensable rating for a skin condition of the bilateral lower extremities (previously characterized as fungal infection of the nails of both feet) is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Air Force from November 1963 to November 1967 and from March 1968 to October 1985.  

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2018 rating decision by an Agency of Original Jurisdiction (AOJ) of the Department of Veterans Affairs (VA).  

In July 2018, the Veteran submitted an election into VA’s Rapid Appeals Modernization Program (RAMP).  The AOJ rejected this application.  See April 2019 Correspondence.  However, the Veteran perfected an appeal under VA’s legacy appeals program and thus the Board will apply legacy procedures in this appeal.

In April 2021, the Veteran testified at a virtual hearing before the undersigned.

Remand is necessary to secure an adequate updated examination.  In this regard, at the Board hearing, the Veteran testified that his skin condition had been almost all the way up to his knees for most of his adult life.  However, the March 2018 VA examiner only considered a condition of the toenails.  

On remand, the Veteran should be afforded another examination.  The examiner should discuss the Veteran’s skin condition of the lower extremities.  Updated VA treatment records should also be secured.

The matters are REMANDED for the following action:

1. Secure the Veteran’s complete VA treatment records.

2. Then schedule the Veteran for an examination as to the nature and severity of his skin condition of the lower extremities.  All findings should be reported in detail.  The examiner should respond to the following:

(a)	Please describe the history of the Veteran’s service-connected skin condition.  

In addressing this question, the examiner is advised that at the April 2021 Board hearing, the Veteran competently and credibly reported the presence of a skin condition almost all the way up to his knees for “most of his adult life.”  Thus, the examiner should not limit the examination of the Veteran’s lower extremities to the feet.

The Board observes that the Veteran’s report of the history of his disability is not contradicted by the record, as the Veteran was not afforded a VA examination when he filed a claim for benefits following his retirement in 1985, and he was not afforded an in-person retirement examination in October 1985.

If and only if the examiner is of the opinion that the skin condition of the Veteran’s lower extremities is medically unrelated to service, the examiner should prepare a formal opinion addressing this point.  A complete rationale must accompany any such opinion.  If the requested opinion cannot be provided without resorting to speculation, the examiner should so state and explain why an opinion would be speculative.

(b)	Assess the severity the Veteran’s service-connected skin condition.  

 

 

S. BUSH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D.M. Badaczewski, 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.