Citation Nr: 22015902 Decision Date: 03/20/22 Archive Date: 03/20/22 DOCKET NO. 15-08 904 DATE: March 20, 2022 REMANDED Entitlement to an initial compensable rating for bilateral tinea pedis is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded. REASONS FOR REMAND The Veteran served in the Vietnam Era, Peacetime, and Gulf War Eras, in the United States Marine Corps from January 1974 to December 1975, from October 1983 to October 1986 and from October 1986 to September 1997. These issues come before the Board of Veterans' Appeals (Board) on appeal from a December 2012 rating decision from the Veterans Affairs (VA) Regional Office (RO). The Board previously considered this appeal in July 2018, September 2020, and most recently in January 2021 and remanded these issues each time. Following the January 2021 Board remand, the Veteran's claims have since been returned by the RO to the Board for further appellate action. The Board is not satisfied there was substantial compliance with its most recent remand orders. See Dyment v. West, 13 Vet. App. 141, 146-47 (1999); Stegall v. West, 11 Vet. App. 268, 271 (1998). Although the Board regrets the additional delay, a remand is required in this case to ensure that there is a complete record upon which to decide the issue of an initial increased rating for tinea pedis and entitlement to TDIU, so that the Veteran is afforded every possible consideration. In January 2018, the Veteran testified at a Board hearing before the undersigned, and a transcript of that hearing is of record. 1. Entitlement to an initial compensable rating for bilateral tinea pedis is remanded. The Board's most recent, January 2021, remand requested that a new VA examination be conducted of the Veteran's tinea pedis with specific instructions for the VA examiner to obtain information about tinea pedis symptoms during flare-ups. This request was not followed. There is no indication the exam was conducted during a flare-up; there is no indication the Veteran was asked about flare-ups during the examination, nor did the VA examiner provide any estimate as to the severity of symptoms during flare-ups. The July 2021 VA examiner examined the Veteran and reported only on tinea pedis symptoms at the time of the examination. Furthermore, the examiner provided an negative opinion as to whether the skin condition of any other part of the body, to include the groin, was the same condition as the tinea pedis based upon the fact that there was no active groin condition upon examination. The examiner did not discuss the treatment records that reflect complaints of groin itching and medications prescribed for both the feet and the groin. The examiner also did not discuss treatment records diagnosis tinea cruris. Unfortunately, based on the foregoing, remand of the Veteran's claim for an initial compensable rating for tinea pedis disability is warranted. Although the Board regrets the additional delay, further development of the record is required before the Board may render a decision in the instant case. When the Board's remand requests are not satisfied, the Board errs as a matter of law when it fails to ensure compliance. Stegall v. West, 11 Vet. App. 268 (1998). 2. Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded. The claim of entitlement to TDIU is inextricably intertwined with the issue of entitlement to a compensable rating for tinea pedis as the outcome of that claim may affect his eligibility for TDIU. Therefore, the Board finds that the claims should be considered together. See Parker v. Brown, 7 Vet. App. 116 (1994); Harris v. Derwinski, 2 Vet. App. 180, 183 (1991) (issues are "inextricably intertwined" when a decision on one issue would have a "significant impact" on a Veteran's claim for the second issue). Additionally, the Veteran never returned a completed VA 21-8940 Veteran's Application for Increased Compensation Based on Unemployability. The Veteran should be given another opportunity to provide this information, to afford him every chance to submit needed evidence to support his claim. The matters are REMANDED for the following action: 1. Obtain any outstanding VA treatment records since December 2021and add those to the file. Provide the Veteran with another VA 21-8940 Veteran's Application for Increased Compensation Based on Unemployability, with instructions on how to return the completed form, and any requested assistance obtaining the information needed to complete the form. 2. Schedule the Veteran for an examination by an appropriate clinician, to determine the current severity of his service-connected skin disability on his feet. If practically workable, the VA skin examination should be scheduled during a flare-up. The examiner MUST ask the Veteran about flare-ups, and if the exam is not conducted during a flare, then estimates should be provided as to the area of the body (exposed and total) affected during flare-ups. Any flare-up estimates or measurements must be so identified and included in the examination report. The examiner must have the appropriate expertise and be provided access to the electronic claims file. The examiner must indicate review of the claims file in the examination report. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the disability under the rating criteria. The examiner must provide an opinion as to whether the skin condition of any other part of the body noted during the period on appeal, including the groin, is the same condition or related to the service-connected tinea pedis. The examiner MUST discuss VA treatment records diagnosing tinea cruris and suggesting the conditions are related. The examiner must attempt to elicit information from the Veteran regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups. To the extent possible, the examiner should identify any symptoms and functional impairments due to the Veteran's skin disability alone and discuss the effect of the Veteran's skin disability on any occupational functioning and activities of daily living. (Continued on the next page) If it is not possible to provide a specific measurement, or an opinion regarding flare-ups, symptoms, or functional impairment based on direct observation, the examiner should provide an estimate, if at all possible, of the additional impairment, to include percentage of total body area affected due to flare-ups based on the other evidence of record and the Veteran's statements. A rationale is needed for any opinions expressed. H. SEESEL Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Black, Jeffrey W. 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.