Citation Nr: 21041096
Decision Date: 07/08/21	Archive Date: 07/08/21

DOCKET NO. 16-50 074
DATE: July 8, 2021

REMANDED

Entitlement to service connection for acne is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1967 to June 1969. 

In February 2017, the Veteran testified at a videoconference before a Veterans Law Judge other than the undersigned. 

In December 2018, the Board denied the claim for service connection for acne and for service connection for a bilateral knee condition. The Veteran appealed the Board's decision to the United States Court of Appeals for Veterans Claims (Court). In a single-judge Memorandum Decision, dated in August 2020, the Court vacated the Board's decision with respect to the denial of service connection for acne and remanded it to the Board.

In May 2021, the Veteran was notified that the Veterans Law Judge who held his hearing was unavailable to participate in the appeal, and he was given 30 days to request a new hearing. In June 2021, the Veteran notified the Board that he did not wish to have another hearing. Thus, there is no hearing request pending at this time.

 

Entitlement to service connection for acne is remanded.

The Court vacated and remanded the claim for service connection for acne to determine if VA satisfied its duty to assist when it did not make an attempt to get relevant private treatment records identified in the file. The Board finds a remand is necessary to assist the Veteran with his claim for service connection for acne. 

The matter is REMANDED for the following action:

1. Request permission from the Veteran to obtain private treatment records from any providers the Veteran identifies as having treated him for his acne, including, but not limited to, the dermatologist who treated him in March 2014. Once permission is obtained, two attempts should be made to retrieve the records. The Veteran may also submit these records.

2. Obtain and associate with the file VA treatment records from June 2015 to the present. 

3. Once the updated records are obtained or sufficient attempts have been made to retrieve them, the Agency of Original Jurisdiction should readjudicate the claim for service connection for acne. 

 

 

A. P. SIMPSON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	P. McDaniels, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.