Decision Date: 10/31/95 Archive Date: 10/31/95 DOCKET NO. 94-00 637 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Detroit, Michigan THE ISSUE Entitlement to service connection for a skin disorder other than service-connected tinea pedis, to include residuals of exposure to Agent Orange. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Alberto H. Zapata, Associate Counsel INTRODUCTION The veteran served on active duty from July 1966 to April 1968. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Detroit, Michigan. REMAND In a March 1979 rating decision, the RO granted service connection for tinea pedis assigning a 10 percent disability rating, and denied service connection for dermatophytosis and neurodermatitis of the knees and legs. In July 1982, the veteran submitted a statement in which he requested an increase in his disability rating due to his dermatitis problem. In October 1982, the RO reduced the veteran's disability rating to noncompensable, and also denied service connection for atopic dermatitis with eczema although it does not appear that service connection for atopic dermatitis with eczema had been requested by the veteran. That determination was not appealed. A review of the record reveals that the veteran has consistently claimed service connection for a skin condition over his entire body due to exposure to Agent Orange. The RO, however, has developed the issue of an increased rating for service-connected tinea pedis instead of the issue of entitlement to service connection for a skin condition other than the service-connected tinea pedis. In a March 1993 statement, the veteran clearly stated that he was not pursuing an increased rating for his service connected disability, but instead was claiming service connection for the skin condition covering his whole body. In light of the veteran's desire and clear written statements concerning his claims, the Board is of the opinion that the issue the veteran desires to pursue is that of service connection for a skin disorder other than his currently service-connected tinea pedis and not the issue currently certified before the Board, namely, entitlement to an increased rating for service-connected tinea pedis. Therefore, the Board remands this case to the RO so that the proper issue may be fully developed pursuant to the veteran's contentions and directions. Accordingly, the case is REMANDED to the RO for the following actions: 1. The RO should request the veteran to provide the names, addresses, and approximate dates of treatment for all health care providers who have treated him for his skin disorder since his discharge from service. When the requested information and any necessary authorization have been received, the RO should attempt to obtain copies of all treatment records identified by the veteran which are not currently of record. 2. Then, the RO should arrange for a VA examination of the veteran by a board-certified dermatologist, if available, to determine the nature and extent of the veteran's skin disorder. All indicated studies should be performed and the veteran's entire body should be assessed for involvement. The examiner should specifically comment on whether it is at least as likely as not that any ascertained skin disability is related to his service-connected skin disorder or directly to service, to include possible exposure to Agent Orange. The rationale for all opinions expressed should be explained. It is imperative that a copy of this REMAND be provided to the examiner, and the claims folder must be made available for review prior to the examination. 3. Thereafter, the RO should undertake any other indicated development and adjudicate the issue appearing on the title page of this remand. 4. If the benefit listed on the title page of this remand is not granted to the veteran's satisfaction and a Notice of Disagreement is received, the veteran and his representative should be provided a Statement of the Case on all issues in appellate status and afforded a reasonable opportunity to respond. Thereafter, the case should be returned to the Board for further appellate action, if otherwise in order. No action is required of the veteran until he is otherwise notified by the RO. By this remand the Board intimates no opinion as to any final outcome warranted. F. JUDGE FLOWERS Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. Under 38 U.S.C.A. § 7252 (West 1991), 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. 38 C.F.R. § 20.1100(b) (1994). - 2 -