Citation Nr: 22018452
Decision Date: 03/29/22	Archive Date: 03/29/22

DOCKET NO. 19-30 424
DATE: March 29, 2022

REMANDED

Entitlement to a compensable rating for a skin disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 2010 to September 2014. This matter is on appeal from December 2014 rating decision.

In July 2020, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A transcript of the hearing is of record.

Following the Board hearing, the Veteran underwent a VA examination in October 2020. The examiner determined that the Veteran's entire body dermatographism (skin disability) was at least likely incurred in or caused by in-service dermatographism.  The Board has accordingly broadened and recharacterized the Veteran's claims to include service connection for dermatographism of the entire body (skin disability). See Clemons v. Shinseki, 23 Vet. App. 1 (2009).

Skin disability

Remand is necessary to evaluate the severity of the Veteran's skin disability. An October 2020 private treatment record and an October VA examination note the Veteran's skin disability is "throughout his body"; however, the percentage of the Veteran's body that is affected is not noted. 

The Board notes that during the July 2020 Board hearing, the Veteran testified that his skin condition has affected his entire body during the pendency of his claim. Although the RO framed the skin disability issue as being limited to dermatographism of the left wrist, the record shows that the Veteran initially filed a claim for a skin condition in August 2014. The medical evidence and the Veteran's testimony indicate that the service-connected skin disability is throughout his entire body. Therefore, as noted above, the Board has broadened the issue pursuant to Clemons. 

The matters are REMANDED for the following action:

1. Obtain updated VA treatment records. 

2. Then, schedule the Veteran for a VA examination to assess the nature and severity of his service-connected skin disability throughout his entire body. The examiner should state the percentage of the Veteran's entire body effected by the service-connected dermatographism. The Veteran's lay reports of symptomatology, particularly during flare ups, should be considered.

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Hemphill, Athena

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.