Citation Nr: 21028098
Decision Date: 05/10/21	Archive Date: 05/10/21

DOCKET NO. 10-27 084
DATE: May 10, 2021

REMANDED

Service connection for seborrheic dermatitis is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1991 to August 1993.

This case has a long procedural history and has been before the Board previously. Most recently, in October 2018, the Board denied the claim for service connection for seborrheic dermatitis. The Veteran appealed the denial to the U.S. Court of Appeals for Veterans Claims (Court). In August 2020, the Court issued a Memorandum Decision that vacated the denial and remanded the matter to the Board for readjudication consistent with the decision. The matter is now before the Board.

The Board finds that a remand is necessary because the evidence suggests there are relevant, outstanding VA treatment records. Specifically, the available VA treatment records show skin prescriptions from December 1998, but the first VA treatment record associated with the claims file is dated September 1999. Other records show gastroenteritis was entered as a problem in March 1997 and laboratory results from January 1999. The record does not demonstrate an attempt to obtain VA treatment records prior to September 1999. It is likely that only the medical records available electronically were obtained, as most medical facilities converted to electronic records in the late 1990s. Accordingly, a remand is necessary to make such an attempt.

The matter is REMANDED for the following action:

1. Obtain all records prior to September 1999, to include a search of the archived/retired paper records, from the Miami VA Healthcare System. The record must clearly document that the archived paper records were searched, and a negative response must be documented if no records are found.

2. If, and only if, new records are obtained that document relevant treatment for any skin condition prior to September 1999, then forward the claims file to a VA  examiner for a medical opinion. After a review of the claims file, the examiner should respond to the following: 

Is it at least as likely as not that the Veteran's seborrheic dermatitis began in service? 

In forming a conclusion, the examiner should consider the Veteran's VA treatment records and statement that he experienced redness and flaking at separation from service. For the purposes of the opinion, the examiner should assume the Veteran's statements about his symptoms are credible, unless they are inconsistent with the medical evidence or with medical principles concerning his condition(s).  The Board emphasizes that this does not constitute a positive credibility determination, as the Board will weigh the evidence once the appeal returns.

If there is a medical basis to support or doubt the history provided by the Veteran, the examiner should provide a fully reasoned explanation.  In doing so, the examiner may identify any discrepancies, inconsistencies, or contradictions contained in the evidence of record, and may state whether or not the Veteran's lay statements are supported by medical or other evidence.  

 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Lavan

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.