92 Decision Citation: BVA 92-22552 Y92 BOARD OF VETERANS' APPEALS WASHINGTON, D.C. 20420 DOCKET NO. 92-03 840 ) DATE ) ) ) THE ISSUES Entitlement to a compensable rating for dermatophytosis affecting the thighs. Entitlement to service connection for a skin disorder affecting the arms and feet. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD M. L. Schwartz, Associate Counsel INTRODUCTION This matter came before the Board of Veterans' Appeals (Board) on appeal from a rating decision of January 14, 1991, from the Phoenix, Arizona, regional office (RO). The notice of disagreement was received on November 15, 1991. The statement of the case was issued on December 9, 1991. The substantive appeal was received on February 6, 1992. The appeal was received at the Board on March 31, 1992, and docketed on April 2, 1992. The appellant is represented by Disabled American Veterans, to which the file was referred. That organization submitted additional written argument to the Board on June 18, 1992. It has been certified that the veteran had active military service from January 1968 to 1971. We note that the veteran has submitted a claim for service connection for a skin disorder affecting the arms and legs, alleging that it developed as a result of Agent Orange exposure, apparently as an alternative theory to that which is currently on appeal. However, this "Agent Orange claim" has not been the subject of either a rating action or a statement of the case, so that it is not in appellate status at this time. Therefore, further consideration of this aspect of the issue is referred to the RO for additional development, as appropriate. After review, it is our judgment that the record may not yet be ready for a final appellate decision on the merits of entitlement to the benefits being sought on appeal. REMAND We note that the veteran, through his representative, has asserted that he was not afforded an official examination in conjunction with either of the claims on appeal, requesting that the case be REMANDED to the RO so that such an examination may be conducted. Our review of the evidence reveals that the veteran has only been afforded one official examination, in 1971, shortly after his discharge from service. Moreover, there is no recent comprehensive dermatological assessment of record regarding either disorder in issue. In order to render a fully informed decision, one supported by clearly expressed reasons and bases, we must have an adequate clinical foundation upon which to base the required legal determinations. Gilbert v. Derwinski, 1 Vet.App. 49 (1990). Furthermore, the Department of Veterans Affairs (VA) has a duty to assist the veteran in the development of facts pertinent to his claim. 38 U.S.C.A. § 5107(a)(West 1991). The United States Court of Veterans Appeals (Court) has held that the duty to assist the veteran in obtaining and developing available facts and evidence to support his claim includes obtaining adequate VA examinations. Littke v. Derwinski, 1 Vet.App. 90 (1990). Additionally, the Court in Schafrath v. Derwinski, 1 Vet.App. 589 (1991), has placed a great deal of emphasis on the regulatory requirements specifying that a historical review of the disorder in issue must be made before an adequate assessment regarding the status of the disorder, in both a social and industrial context, may be determined. 38 C.F.R. §§ 4.1, 4.2, 4.41, 4.42. The examiner's role in observing these requirements is found in the Physician's Guide for Disability Evaluation Examination (IB 11-56), Sections 1.12, 1.13, and 1.14. Moreover, the Court in Green v. Derwinski, 1 Vet.App. 121, 124 (1991), in addressing a claim for service connection, stated: We believe that fulfillment of the statutory duty to assist [the veteran] includes the conduct of a thorough and contemporaneous medical examination, one which takes into account the records of prior medical treatment, so that the evaluation of the claimed disability will be a fully informed one. Accordingly, this case is REMANDED for the following action: The RO should schedule the veteran for a special dermatological examination in order to fully assess the nature and severity of the veteran's service-connected dermatophytosis of the thighs, as well as to determine a diagnosis of the alleged skin condition on the veteran's arms and feet, if any. All indicated diagnostic evaluations should be completed, as dictated by the discretion of the examiner. This evaluation should be conducted in accordance with the Court's directives in Schafrath, discussed above, and all pertinent clinical records from the claims folder, should be made available to the examiner for review. When this development has been completed, the claim should be reviewed by the RO. If the benefit sought on appeal is not granted, the appellant and his representative should be given a supplemental statement of the case with regard to the additional development and should also be afforded an opportunity to respond. The record should be returned to the Board for further appellate consideration, if in order. No action by the appellant or his representative is required until further notice is received. BOARD OF VETERANS' APPEALS WASHINGTON, D.C. 20420 * *38 U.S.C. § 7102(a)(2)(A) permits a Board of Veterans' Appeals Section, upon direction of the Chairman of the Board, to proceed with the transaction of business without awaiting assignment of an additional Member to the Section when the Section is composed of fewer than three Members due to absence of a Member, vacancy on the Board or inability of the Member assigned to the Section to serve on the panel. The Chairman has directed that the Section proceed with this decision without awaiting the assignment of a third Member. Under 38 U.S.C. § 7252 (1992), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Veterans Appeals. 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.