Citation Nr: 21044351
Decision Date: 07/21/21	Archive Date: 07/21/21

DOCKET NO. 17-26 991
DATE: July 21, 2021

ORDER

Entitlement to service connection for a skin condition, to include as secondary to service-connected posttraumatic stress disorder (PTSD), is granted.

FINDINGS OF FACT

Resolving all doubt in favor of the Veteran, his diagnosed skin condition was aggravated by the medication used for his PTSD.  

CONCLUSIONS OF LAW

The criteria for service connection for a skin disability are met.  38 U.S.C. §§ 1110, 1131, 5107(b); 38 C.F.R. §§ 3.102, 3.303, 3.310.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from December 1990 to May 1991, to include service in Southwest Asia.

In a September 2019 decision, the Board of Veterans' Appeals (Board) denied service connection for a skin condition. The Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court). In a July 2020 order, the Court granted a Joint Motion for Remand (JMR), vacating the September 2019 decision and remanded the case to the Board for compliance with the Court order.

The claim was most recently remanded by the Board in December 2020 for further development. There has not been substantial compliance with the remand directives and the claim must be remanded again. Stegall v. West, 11 Vet. App. 268 (1998).

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In accordance with the remand, a new examination was obtained in February 2021.  The examiner determined that the Veteran was diagnosed with a skin disability, to include acne.  The examiner provided a positive opinion as to whether the Veteran's preexisting acne was aggravated by his service-connected PTSD, saying that the medication the Veteran took to manage his PTSD was known to aggravate acne.  While it has not been established by clear and unmistakable evidence whether the Veteran's acne pre-existed his time in service, the Board finds regardless of when it began, the Veteran's skin condition was aggravated by a service-connected disability.  Additionally, even though no baseline in severity was reported, the Board notes that the examiner could have opined that since no baseline could be established, the Veteran's skin condition was less likely than not aggravated by his PTSD medication.  However, in absence of a baseline, the examiner still offered a positive aggravation opinion.  Therefore, granting the benefit of the doubt to the Veteran, the Board will grant service connection for a skin condition.  See 38 U.S.C. § 5107(b); Gilbert v. Derwinski, 1 Vet. App. 49, 55-57(1990).

 

April Snoparsky

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S.E. Bresler, 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.