Citation Nr: 22036634
Decision Date: 06/24/22	Archive Date: 06/24/22

DOCKET NO. 18-50 037A
DATE: June 24, 2022

REMANDED

Entitlement to service connection for a skin disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1966 to October 1970.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).   

Most recently, in February 2022, the Board remanded this matter for further development.  That development having been completed, this matter has returned to the Board for further appellate review.

The Board previously remanded this matter to obtain an adequate medical opinion addressing the etiology of the Veteran's skin disorder.  Specifically, the examiner was requested to opine whether the Veteran's skin disorder is related to his in-service exposures to toxic chemicals while working on aircraft.  The subsequent March 2022 VA opinion provided a negative nexus, noting that the Veteran's skin disorder was due to his independent risk factors and lifetime of sun exposure.  

Where VA provides the veteran with an examination in a service connection claim, the examination must be adequate.  Barr v. Nicholson, 21 Vet. App. 303, 311 (2007).  Although the March 2022 opinion was responsive to the Board's remand directives, the question of whether the Veteran's skin disorder is related to his in-service cumulative sun exposure remains unanswered.  On remand, a VA opinion should be obtained which addresses this reasonably raised theory of entitlement.  Stefl v. Nicholson, 21 Vet. App. 120, 123-24 (2007).

The matters are REMANDED for the following action:

Refer the claims file to an appropriate medical professional for an addendum opinion.  The Veteran should not be scheduled for a VA examination (or telehealth interview, review of the record, etc., if an in-person examination is not feasible) unless deemed necessary by the medical professional rendering an opinion.  Any necessary tests or studies must be conducted, and all clinical findings should be reported in detail and correlated to a specific diagnosis.  The entire claims file, to include a copy of this REMAND, must be reviewed by the examiner in conjunction with the examination.  The examiner should confirm in the examination report that he or she has reviewed the folder in conjunction with the examination.  

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Following a review of the claims file, examiner is asked to opine what is the medical probability that the Veteran's skin disorder had its clinical onset in service or is related any incident of service, to include his cumulative in-service sun exposure.

A supporting rationale for all opinions expressed must be provided.  If the examiner is unable to provide any opinion as requested, the examiner should fully explain the reason why such opinion could not be rendered.

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. M. Stedman, 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.