Citation Nr: 21029030
Decision Date: 05/12/21	Archive Date: 05/12/21

DOCKET NO. 14-09 753
DATE: May 12, 2021

REMANDED

Service connection for a skin condition, to include dermatitis and dermatophytosis, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1966 to April 1969.

This matter comes before the Board of Veterans' Appeals (Board) on remand from the Court of Appeals for Veterans Claims (Court). It was originally before the Board on appeal from a January 2013 rating decision by the Department of Veterans Affairs (VA).

This issue was denied by the Board in a March 2020 Board decision. The Veteran appealed that decision to the Court of Appeals for Veterans Claims (Court), which vacated the decision pursuant to a November 2020 Joint Motion for Remand. The issue is now again before the Board.

The Court determined the Board failed to adequately address statements from the Veteran and his fellow service members that his skin condition began in service.  While Board's March 2020 decision found that lay persons are not considered competent to medically attribute a skin condition to Agent Orange or his active service, the Court determined the Board did not address these lay statements that the Veteran's skin condition began in service. In reaching its March 2020 decision, the Board placed significant probative weight on a January 2014 VA opinion which also did not consider these lay statements concerning the alleged onset of the Veteran's skin condition while he was in service.  Therefore, on remand, the AOJ should obtain an addendum opinion which considers the complete claims file, to include these lay statements.

In December 2020, the Veteran was sent a letter noting that he had the right to submit additional evidence considered by the agency of original jurisdiction (AOJ). Since the November 2020 JMR, new evidence, specifically VA treatment records, has since been associated with the file. In December 2020 correspondence, the Veteran requested that the case be remanded to the AOJ for review of the additional evidence submitted. As a result, remand is necessary so the AOJ can issue a supplemental statement of the case (SSOC) considering all the relevant evidence of record associated with the file. See 38 C.F.R. § 20.1304(c).

The matters are REMANDED for the following action:

1. The AOJ should obtain updated VA and non-VA treatment records.

2. Review and consider of the relevant medical evidence received following the November 2020 JMR; order any development deemed necessary based upon the review of this evidence. 

3. Then, obtain an addendum opinion from a qualified examiner concerning the etiology of the Veteran's skin condition.  The examiner should review the entire claims file and opine as to the following:

a.	Whether the Veteran's skin condition is at least as likely as not (50 percent or greater probability) incurred in or caused by the Veteran's service?

b.	Whether it is more likely than not (50 percent or greater probability) the Veteran's skin condition had onset in service?

The examiner must consider statements from the Veteran and fellow service members that his skin condition began in service, including statements received in August 2016, March 2014, February 2013, August 2007.

4. Then, readjudicate the claim.  If any benefits sought are not granted, the Veteran and his representative should be provided with an SSOC and afforded a reasonable opportunity to respond before the record is returned to the Board for further review.

 

 

Tiffany Dawson

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	I. Kerner, 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.