Citation Nr: 22015437 Decision Date: 03/17/22 Archive Date: 03/17/22 DOCKET NO. 18-39 146 DATE: March 17, 2022 REMANDED Entitlement to an initial rating in excess of 10 percent for genital herpes simplex type I, secondary to posttraumatic stress disorder (PTSD), is remanded. REASONS FOR REMAND The Veteran had active service from March 1988 to January 1992. This matter is before the Board of Veterans' Appeals (Board) on appeal from an October 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In November 2021, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge of the Board. A transcript of the hearing is of record. Entitlement to an initial rating in excess of 10 percent for genital herpes simplex type I, secondary to PTSD, is remanded. The Board finds that a remand is necessary before a decision on the merits of the claim can be reached. The Veteran was last afforded a VA examination for her service-connected genital herpes in September 2016, and it appears that complete VA treatment records may not be associated with the record, as the most recent record is from September 2018. An August 2018 VA treatment note shows that the Veteran was prescribed an immunosuppressive drug, acyclovir, to be taken orally three times a day for five days for her viral infection. At the Veteran's November 2021 Board hearing, the Veteran testified that she believes she is entitled to an increased rating due to outbreaks of her skin disability. She stated that twice a month she has outbreaks on her genitals, buttocks, face, hands, neck, and breasts. She also reported taking acyclovir and valacyclovir every day to treat her genital herpes. The Veteran's genital herpes has been at 10 percent for intermittent systemic therapy under 38 C.F.R. § 4.118, Diagnostic Code 7806. Under Diagnostic Code 7806, dermatitis or eczema, a 10 percent rating is assigned when at least 5 percent, but less than 20 percent, of the entire body or of exposed areas is affected, or intermittent systemic therapy such as corticosteroids or other immunosuppressive drugs are required for a total duration of less than six weeks during the past 12-month period. The next higher rating, a 30 percent rating, is warranted when 20 to 40 percent of the entire body or of exposed areas is affected, or systemic therapy such as corticosteroids or other immunosuppressive drugs are required for a total duration of 6 weeks or more, but not constantly, during the past 12-month period. A 60 percent rating requires more than 40 percent of the entire body or more than 40 percent of exposed areas be affected, or constant or near-constant systemic therapy such as corticosteroids or other immunosuppressive drugs during the past 12-month period. 38 C.F.R. § 4.118, Diagnostic Code 7806. In consideration of the reported worsening of the Veteran's disability since the last VA examination, the Board finds that remand is warranted to afford the Veteran a new VA examination to determine the current severity of her genital herpes. See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997). To properly rate the Veteran's' skin disability, a new examination is also necessary to assess the current frequency of the Veteran's systemic therapy to treat her genital herpes. The matter is REMANDED for the following action: 1. Obtain all outstanding VA treatment records. 2. With any necessary assistance from the Veteran, obtain all outstanding relevant private treatment records. 3. Schedule the Veteran for a VA examination to assess the current severity of her service-connected genital herpes disability. The Veteran's claims file, to include a copy of the remand, must be made available to the examiner along with any other information the medical professional deems pertinent. The examiner must consider all signs and symptoms necessary for evaluating the disability under the rating criteria as indicated by the relevant Disability Benefits Questionnaire, including the frequency of the Veteran's systemic therapy to treat her genital herpes. 4. After the development described above, and any additionally indicated development, has been completed, readjudicate the issue on appeal. If any determination remains unfavorable to the Veteran, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond. If necessary, return the case to the Board for further appellate review. The Veteran has the right to submit additional evidence and argument on the matter the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C. §§ 5109B, 7112. KELLI A. KORDICH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Moore, 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.