Citation Nr: 0029955 Decision Date: 11/15/00 Archive Date: 11/22/00 DOCKET NO. 99-15 175 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUE Entitlement to service connection for a skin disorder. REPRESENTATION Appellant represented by: Paralyzed Veterans of America, Inc. ATTORNEY FOR THE BOARD Clifford R. Olson, Counsel INTRODUCTION The veteran served on active duty from April 1966 to December 1967. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. REMAND The service medical records show the veteran had a rash on his left wrist while at a training center in June 1966. The diagnosis was allergic dermatitis on the left wrist. Medication was prescribed for application. The service medical records do not reflect any further skin symptoms in service. There is no record of skin symptoms while serving aboard the U.S.S. Gridley (DLG 21). On the December 1967 examination for separation from service, the veteran's skin was normal. The service personnel records confirm the veteran's service aboard the guided missile frigate U.S.S. Gridley from July 1966 to December 1967. He served in the Vietnam area of operation from December 1966 to April 1967. The service personnel records do not reflect any combat service. VA medical records show treatment for other disabilities in May and June 1992, without complaints, findings or diagnoses of a skin disorder. There were no skin complaints, findings or diagnoses on the February 1997 VA examination. The veteran was examined by VA in January 1998 for his Agent Orange and skin complaints. The veteran stated that he was on painting duty for his ship and had to move 55 gallon drums of Agent Orange. He stated that the Agent Orange Drums were leaking, that his arms were exposed, and that fumes from the drums were inhaled. He stated that immediately upon exposure, he developed blisters, itching, and a very angry red rash. He stated that since that time, he would have similar episodes of itching and occasional blister formation over his upper extremities where the Agent Orange was exposed to his skin. Pruritus and erythematous rash were said to be worse with summer heat and humidity. Examination disclosed some mild erythema over the upper forearms, which blanched to finger pressure. It was the examiner's impression that the veteran experienced blistering and a rash over the forearms when exposed to Agent Orange and continued to have pruritus and erythema. The diagnosis was dermatitis. There is no indication that the examiner is a dermatologist. There is no indication that the examiner reviewed the file and the diagnosis of dermatitis is not specific. To ensure that VA has met its duty to assist the appellant in developing the facts pertinent to the claim, the case is REMANDED to the regional office (RO) for the following development: 1. The veteran should be afforded a VA dermatologic examination to identify the veteran's specific skin diagnosis and determine whether there is a relationship to service. The claims folder should be made available to the examiner for review before the examination. The Board notes that a June 1966 record reflects an assessment of allergic dermatitis and that the remaining service records are either silent or normal. In addition, there is an absence of medical evidence of a dermatologic disorder between separation and the 1990s. After examination and review of the file is it requested that the examiner enter a more specific diagnosis regarding the dermatitis and render an opinion that determines whether there is any relationship between the current diagnosis and either Agent Orange exposure or any incident of service, including the identified allergic dermatitis of June 1966. 2. The veteran is informed that if he has any evidence of skin disorder in proximity to service, that evidence should be submitted by him to the RO. 3. The General Counsel, in representing VA before the Court, has noted that the regional office has duties. Pursuant to 38 C.F.R. § 3.655, when the claimant without good cause fails to report for examination, the claim will be denied. However, the Secretary must show a lack of good cause for failing to report. Further, VA has a duty to fully inform the veteran of the consequences of the failure to undergo the scheduled examination. The regional office must comply with all notification requirements regarding the duty to report and the failure to report for examination. The remand serves as notification of the regulation. 4. The veteran is informed that at this time, there is no evidence that he was in Vietnam or that he handled Agent Orange. If he has evidence that supports his claim, he should submit that evidence to the RO. Thereafter, the case should be returned to the Board, if in order. The Board intimates no opinion as to the ultimate outcome of this case. The appellant need take no action unless otherwise notified. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded to the regional office. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment by the RO. 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 The Veterans' Benefits Improvements Act of 1994, Pub. L. No. 103-446, § 302, 108 Stat. 4645, 4658 (1994), 38 U.S.C.A. § 5101 (West Supp. 2000) (Historical and Statutory Notes). In addition, VBA's Adjudication Procedure Manual, M21-1, Part IV, directs the ROs to provide expeditious handling of all cases that have been remanded by the Board and the Court. See M21-1, Part IV, paras. 8.44- 8.45 and 38.02-38.03. H. N. SCHWARTZ Veterans Law Judge Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 1991 & Supp. 2000), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2000).