Citation Nr: 21026851
Decision Date: 05/04/21	Archive Date: 05/04/21

DOCKET NO. 16-33 498
DATE: May 4, 2021

REMANDED

Entitlement to a disability rating greater than 10 percent for eczema prior to March 7, 2016 and 30 percent thereafter is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 2004 to October 2004.  He originally appealed a February 2015 rating decision by the Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ) reducing the Veteran's 10 percent rating for eczema to a noncompensable rating.  In May 2016, the AOJ increased the rating to 30 percent, effective March 7, 2016.  A Board of Veterans' Appeals (Board) hearing was held in February 2019.  A transcript is of record.  In August 2019, the Board restored the 10 percent rating and remanded the appeal for further development.  Most recently, in October 2020, the Board remanded the appeal to obtain a medical opinion on whether the Veteran's use of topical medications, including corticosteroids, antifungals, and anti-inflammatories constituted systemic therapy.  The appeal is now back before the Board.

In March 2021, the Veteran stated "his eczema is more dormant in the wintertime" and he requested an examination be conducted in the "warmer months when it is more prevalent."  See March 2021 VA Form 21-0820.  The record reflects all of the Veteran's examinations have been conducted during the winter months.  See January 2015, March 2016, December 2019, and March 2020 VA examination reports.  In instances where a given condition is subject to active and inactive stages, an examination should be conducted during the active stage.  See Ardison v. Brown, 6 Vet. App. 405, 408 (1994).  As such, the Veteran should be scheduled a skin examination during an active stage of his eczema in the summer.  38 C.F.R. § 3.159(c)(4).

The matters are REMANDED for the following action:

1. Obtain any outstanding and updated relevant VA and/or private treatment records and associate the same with the claims file.

2. Schedule the Veteran for a skin examination to determine the symptoms, manifestations, and severity of his service-connected eczema.  Given the Veteran's assertions that his skin condition flares-up during hot weather and is more dormant during cold weather, the examination should be scheduled to take place in the summer months, preferably during a flare up if possible, so that the Veteran's disability may be observed while it is most active.  The claims file should be reviewed in conjunction with the examination.

The examiner should conduct all necessary tests and (1) identify the symptoms and manifestations associated with the Veteran's eczema, (2) note the severity of those symptoms and manifestations, and (3) identify any resulting occupational or other functional impairment.

The examiner is to elicit information about the worsening of the Veteran's condition during flare-ups, particularly during the summer months.  Then, to the extent possible, the examiner is to determine the percentage of the body affected during flare-ups.

The examiner should consider the Veteran is competent to report his symptoms and such reports must be specifically acknowledged and considered in formulating any opinions.  If the examiner rejects the Veteran's reports of symptomatology, a reason for doing so should also be provided.

3. After the above has been completed to the extent possible, readjudicate the claim.  If any benefit sought remains denied, provide the Veteran and his representative with a supplemental statement of the case (SSOC), and return the case to the Board.

 

DONNIE R. HACHEY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Bona, 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.