Citation Nr: 22015159
Decision Date: 03/16/22	Archive Date: 03/16/22

DOCKET NO. 17-66 533
DATE: March 16, 2022

REMANDED

The claim for service connection for basal cell carcinoma with hypertrophic scars is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1997 to August 2000 and from February 2009 to June 2011. 

1. Entitlement to service connection for basal cell carcinoma with hypertrophic scars

During the Board hearing, the Veteran reported that he has multiple scars all over his body and described symptoms which appear to be worse than they were at the time of the last VA examination that assessed his scars across his full body. The Board notes that the most recent VA examination in February 2022 only addressed scars on the head, face, and neck. 

In light of the Veteran's reports, the Board finds that a new VA examination is necessary to assess the current severity of his scars across his body. See Green v. Derwinski, 1 Vet. App. 121 (1991) (VA has a duty to conduct a thorough and contemporaneous examination of the Veteran in an increased rating claim); Schafrath v. Derwinski, 1 Vet. App. 589 (1991).

Contact the Veteran and request that he identify and authorize VA to obtain all private treatment records relevant to the scars on his body, including Wilmington Dermatology and UNC Dermatology identified by the Veteran as treatment providers. The agency of original jurisdiction (AOJ) should obtain all records identified and authorized by the Veteran as well as any relevant records of ongoing VA treatment. 

The matters are REMANDED for the following action:

1. Ask the Veteran to complete a VA Form 21-4142 for all private treatment providers, to include Wilmington Dermatology and UNC Dermatology.  Make two requests for the authorized records unless it is clear after the first request that a second request would be futile.

2. Obtain all outstanding records of VA treatment relevant to the claim. 

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3. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected basal cell carcinoma with hypertrophic scars.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria, to include if there is any associated functional loss.

 

 

Cynthia M. Bruce

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. B., 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.