Citation Nr: 21029486 Decision Date: 05/13/21 Archive Date: 05/13/21 DOCKET NO. 10-10 558 DATE: May 13, 2021 REMANDED Entitlement to a compensable rating for eczema is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU), prior to February 2, 2015, is remanded. REASONS FOR REMAND The Veteran served on active duty from July 2002 to December 2008. The Veteran appealed a January 2015 rating decision by the Agency of Original Jurisdiction (AOJ). The Board of Veterans' Appeals (Board) notes that the September 2019 Board decision additionally remanded the issue of service-connection for a low back disability. In a December 2020 rating decision, the AOJ granted service-connection for lumbar strain with degenerative arthritis. Although the Veteran sought a higher rating for her back disability in the March 2021 informal hearing presentation (IHP), the Veteran has not filed a notice of disagreement (NOD) and the December 2020 supplemental statement of the case (SSOC) has not included any issue regarding the back; therefore, this issue is no longer before the Board on appeal. See AB v. Brown, 6 Vet. App. 35 (1993). The Board finds that further evidentiary development is necessary and remands the case to ensure compliance with the Board's prior remand instructions. See Stegall v. West, 11 Vet. App. 268, 271 (1998). 1. Eczema The September 2019 Board decision noted the Veteran has flare-ups of her skin condition and that the VA examiner on remand was to describe or estimate the areas of the body affected by eczema during a flare-up. However, the November 2020 VA examiner made no such finding. The November 2020 VA examiner noted continuous flare-ups, symptoms of itchiness and peeling of the skin, and painful flare-ups. However, the November 2020 VA examiner did not indicate whether the examination was being conducted during an outbreak or distinguish details regarding when the Veteran has such flare-ups. Therefore, a new VA examination is required that adequately addresses flare-ups. 2. TDIU Pursuant to the September 2019 Board decision, entitlement to TDIU was granted for the entire period on appeal. As such, a May 2020 rating decision granted TDIU effective February 2, 2015. The Veteran indicated during her September 2015 VA examination regarding skin diseases that she lost her job because of painful lesions between her toes and bottom of the feet. Therefore, entitlement to TDIU has been raised due to the Veteran's service-connected eczema. The issue regarding a higher rating for the Veteran's eczema dates back to December 31, 2014. See December 2014 report of general information. Therefore, entitlement to TDIU has not been granted for the entire period on appeal. As the TDIU claim is premised in part on the severity of the Veteran's service-connected eczema, the issue of TDIU is inextricably intertwined with that issue. Accordingly, the Board will defer adjudication on the matter. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). The matters are REMANDED for the following action: 1. Obtain any outstanding VA and/or private treatment records relevant to treatment the Veteran received for her eczema that are not already of record. All obtained records should be associated with the evidentiary record. If any identified records are not obtainable (or none exist), the Veteran and her representative should be notified, and the record clearly documented. 2. Thereafter, schedule the Veteran for an examination to determine the current severity of her service-connected eczema. The evidentiary record, including a copy of this remand, must be made available to and reviewed by the examiner. The examiner is asked to respond to the following inquiries: I. Is the examination be conducted during a flare-up? If not, (a). Describe the area(s) of the body affected by eczema, to include the percentage of the entire body affected and the percentage of exposed area(s) affected, OR (b). Estimate, if possible, the area(s) of the body affected by eczema, to include the percentage of the entire body affected and the percentage of the exposed area(s) affected claimed by the Veteran during such flare-ups. The examiner is to consider the Veteran's lay statements and submitted photographs of record. II. The examiner should also discuss the medications used to treat the condition to include the frequency of use and the duration of the treatment. The examiner should opine as to whether the Veteran's treatment affects the body as a whole such that it can properly be considered systemic therapy and whether the treatment is "like" a corticosteroid or other immunosuppressive drug. III. The examiner should also discuss any functional effects of the Veteran's eczema. 3. After the above development has been completed to the extent possible, readjudicate the claims. If any benefit sought remains denied, provide the Veteran and her representative with a SSOC, and return the case to the Board, if otherwise in order. DONNIE R. HACHEY Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Zheng, 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.