Citation Nr: 21041095
Decision Date: 07/08/21	Archive Date: 07/08/21

DOCKET NO. 16-00 739
DATE: July 8, 2021

REMANDED

Entitlement to a compensable rating for eczema is remanded.

Entitlement to a compensable rating for acne is remanded.

Entitlement to service connection for a low back disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 1990 to March 1998. These matters come before the Board of Veterans' Appeals (Board) from a June 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In February 2019, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A transcript of the hearing is of record. The Board remanded these matters in June 2019 and July 2020 for additional evidentiary development.

It appears that the development requested in the Board's July 2020 remand has been completed, to include an October 2020 VA skin diseases examination, an October 2020 addendum VA opinion addressing the claimed low back and updated VA and private treatment records. However, the record shows that relevant VA-generated evidence has been associated with the record since issuance of the October 2020 supplemental statement of the case (SSOC). This evidence includes VA treatment from October 2020 to March 2021 pertaining to the claimed skin and low back conditions, a January 2021 VA skin diseases examination report and additional VA examination reports addressing other claimed disabilities.  The Board notes that some of this evidence was considered by the RO in a January 2021 rating decision which denied a compensable rating for acne; however, that decision did not address the claimed eczema or low back and was not issued with respect to this appeal. In March 2021 correspondence, the Veteran was notified      of the additional evidence not considered by the Agency of Original Jurisdiction (AOJ) in the October 2020 SSOC and of her right to request waiver of AOJ review of this evidence; however, in May 2021, the Veteran submitted written notice     that she wished to have these matters remanded for AOJ review prior to Board adjudication. Thus, a remand of these matters and issuance of an SSOC is necessary.  See 38 C.F.R. § 7105(e) (2020).

The matters are REMANDED for the following action:

Readjudicate the Veteran's claims for entitlement to an increased rating for eczema and acne and service connection for a low back disability, to include consideration of the evidence received since the October 2020 SSOC. If the benefits sought on appeal remain denied, the Veteran and   her representative should be furnished an SSOC and given an opportunity to respond before the case is returned to the Board.

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. C. Birder

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.