Citation Nr: 21040778
Decision Date: 07/07/21	Archive Date: 07/07/21

DOCKET NO. 17-04 688
DATE: July 7, 2021

REMANDED

Service connection for a skin disorder is remanded.

REASONS FOR REMAND

Additional development is necessary prior to deciding the issue on appeal.  The Veteran has claimed that he was exposed to chemicals and solvents in service, which caused his current skin disorder.  The service treatment records (STRs) of record for his period of verified active duty between May 1973 to May 1979 do not show any exposure to chemicals or solvents, nor do they note any complaints of skin disorder symptoms.  However, available records show that the Veteran retired from the Air Force Reserve in February 2003.  Additionally, multiple personnel records, as early as March 1999, document that he may have been exposed to industrial chemicals, hazardous materials, and biological wastes during his Reserve service.

Currently, the claims file does not contain sufficient personnel records to determine the Veteran's periods of service in the Reserve, and any associated periods of active duty, active duty for training (ACDUTRA), or inactive duty for training (INACDUTRA) in which chemical exposure may serve as the in-service incurrence for a service connection claim.  As such, remand is necessary to associate any outstanding military personnel records with the claims file.  

Additionally, if the Veteran has a period of active duty in which he was potentially exposed to the chemical agents described above, the evidence will thus necessitate scheduling a VA examination to determine the etiology of his claimed skin disorder.  See McLendon v. Nicholson, 20 Vet. App. 79 (2006).

The matter is REMANDED for following actions:

1. Ask the Veteran to identify all outstanding treatment records relevant to his claim.  All identified VA records should be added to the claims file.  All other properly identified records should be obtained if the necessary authorization to obtain the records is provided by the Veteran.  If any records are not available, or the Veteran identifies sources of treatment but does not provide authorization to obtain records, appropriate action should be taken (see 38 C.F.R. § 3.159(c)-(e)), to include notifying the Veteran of the unavailability of the records.

2.  Undertake any additional development necessary to obtain outstanding military personnel records associated with the Veteran's active duty or Reserve service. 

3.  Prepare a memorandum for the file which identifies all the periods of service, to include Reserve service which may be qualifying for service connection purpose, whether ACDUTRA or INACDTURA service. 

4.  If qualifying service is identified during a period in which the Veteran was exposed to industrial chemicals, harmful materials, or biological wastes, schedule the Veteran for an examination to determine the following:

 Does the Veteran have a current skin disorder that is as likely as not (50 percent or greater probability) caused by an in-service incurrence from a verified period of active service, to include ACDUTRA and INACDUTRA service?

A detailed rationale should be provided for all opinions given.

 

 

ROBERT N. SCARDUZIO

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Brendan A. Evans, 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.