BVA9502881 DOCKET NO. 93-11 310 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Muskogee, Oklahoma THE ISSUE Entitlement to an increased evaluation for tinea pedis and onychomycosis of the left hand and left foot, currently evaluated as 10 percent disabling. WITNESS AT HEARING ON APPEAL Appellant and his spouse ATTORNEY FOR THE BOARD Robert E. O'Brien, Counsel INTRODUCTION The veteran had active service from October 1956 to October 1958. This case comes before the Board of Veterans' Appeals (Board) on appeal from a July 1992 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Muskogee, Oklahoma. REMAND At a personal hearing held before a hearing officer at the RO in August 1992, the veteran stated that he was being seen for his service-connected skin disorder at the VA Outpatient Clinic in Tulsa, Oklahoma, about every 3 to 6 months. He stated he was most recently seen at the clinic on May 12, 1992. The report of that visit is not of record. In fact, there are no reports of record regarding any visits since 1991 apart from a rating examination by a VA dermatologist in November 1992. The veteran's medications were adjusted and he was to return in two months. In an April 1993 statement the veteran asked that he be accorded another examination. He stated that the November 1982 examination was "not a very good exam" and he added he was not examined by a dermatologist. The Board notes that the report of the examination reflects that the examination was indeed conducted by a dermatologist, but neither that report or other evidence of record, including the testimony at a hearing at the RO in August 1992, reveals any information as to the effects of the veteran's skin disorder on employment. The VA compensation system and the percentage ratings represent average impairment in earning capacity resulting from diseases and injuries and their residual conditions in civil occupations. 38 C.F.R. § 4.1 (1994). Data from the effects of service-connected disability on employment are also necessary for consideration of an extra- schedular rating under 38 C.F.R. § 3.321 (b)(1) (1994). VA has a duty to assist the veteran in the development of facts pertinent to his claim under 38 C.F.R. § 3.103(a) (1993). The United States Court of Veterans Appeals (Court) has held that fulfillment of the VA's duty to assist the veteran includes providing him with a thorough and contemporaneous medical examination. Littke v. Derwinski, 1 Vet.App. 92 (1990). In light of the foregoing, the case is REMANDED to the RO for the following actions: 1. The RO should contact the veteran and request that he provide the names and addresses of any health care providers who had treated him for his service-connected skin disorder in the recent past and specify the approximate dates of treatment, if possible. Then, after any necessary authorization is obtained from the veteran, the RO should obtain copies of any treatment records identified by the veteran. The VA Outpatient Clinic in Tulsa, Oklahoma, should also be contacted and asked to provide complete clinical records for any treatment of the veteran since 1991. 2. Thereafter, a special dermatologic examination should be arranged for the veteran for the purpose of ascertaining the current nature and extent of dermatologic symptomatology. The examination should be conducted in accordance with the VA Physician's Guide for Disability Evaluation Examinations (1985). A detailed work history should be reported, particularly any time lost from work due to the veteran's service-connected skin disorder. A comprehensive examination, including unretouched color photographs of the areas affected, should be performed and all findings should be reported in detail, with attention to the history of the veteran's disability. The claims folder, or copies of all pertinent records, must be made available to the examiner for review in connection with the examination. 3. Thereafter, the RO should readjudicate the veteran's claim for an increased rating for his skin disorder, taking into account his contention to have the disability rated on the basis of disfigurement and with consideration of the effects of the disability on employment. If the benefit sought on appeal is not granted to the veteran's satisfaction, the RO should issue a supplemental statement of the case which address all aspects of the veteran's claim. After the applicable period of time in which to respond, subject to current appellate procedures, the case should be returned to the Board for further appellate consideration, if otherwise in order. By this REMAND, the Board intimates no opinion as to any final outcome warranted. No action is required of the veteran until he is notified by the RO. CHARLES E. HOGEBOOM 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 action has been taken in accordance with the Veterans' Benefits Improvements Act of 1994, Pub. L. No. 103-446, § 303, 108 Stat. 4645, ___ (1994), and 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) (1993).