BVA9508466 DOCKET NO. 91-48 585 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to service connection for a disorder manifested by shortness of breath, headaches and dizziness. 2. Entitlement to service connection for a skin disorder. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD Frank L. Christian, Counsel INTRODUCTION The veteran served on active duty from December 1982 to November 1988. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision of June 1991 from the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. CONTENTIONS OF APPELLANT ON APPEAL The appellant contends that the RO committed error in failing to grant service connection for a skin disorder and for a disorder manifested by shortness of breath, headaches and dizziness because it did not take into account or properly weigh the medical and other evidence of record. It is contended that the veteran was treated on numerous occasions during his period of active service for the disorders at issue, that such treatment is clearly documented in his service medical records, and that he has continued to receive treatment for these disabilities following service separation. It is contended that the veteran's skin disorder was diagnosed during and after service as cholinergic urticaria, hives and angioedema, and that continuity of symptoms has been demonstrated. DECISION OF THE BOARD The Board, in accordance with the provisions of 38 U.S.C.A. § 7104 (West 1991), has reviewed and considered all of the evidence and material of record in the veteran's claims file. Based on its review of the relevant evidence in this matter, and for the following reasons and bases, it is the decision of the Board that the evidence of record supports a grant of service connection for urticaria productive of skin manifestations. FINDINGS OF FACT 1. All relevant evidence necessary for an equitable disposition of the instant appeal with respect to the skin disorder has been obtained by the RO. 2. Urticaria productive of skin pathology was manifest during active service and is present now. CONCLUSION OF LAW Urticaria productive of skin manifestations was incurred during peacetime service. 38 U.S.C.A. §§ 1131, 5107 (West 1991). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Board finds that the veteran's claim for service connection for a chronic skin disorder is plausible and is thus well grounded within the meaning of 38 U.S.C.A. § 5107(a). The Board is also satisfied, with respect to this claim, that all relevant facts have been properly developed, and that no further assistance to the veteran is required to comply with 38 U.S.C.A. § 5107(a). In order to establish service connection for claimed disability, the facts, as shown by evidence, must demonstrate that a particular disease or injury resulting in current disability was incurred during active service or, if preexisting active service, was aggravated therein. 38 U.S.C.A. §§ 1110, 1131. A veteran who served during a period of war or during peacetime service after December 31, 1946, is presumed in sound condition except for defects noted when examined and accepted for service. Clear and unmistakable evidence that the disability manifested in service existed before service will rebut the presumption. 38 U.S.C.A. §§ 1311, 1337. For the showing of chronic disease in service there is required a combination of manifestations sufficient to identify the disease entity, and sufficient observation to establish chronicity at the time, as distinguished from merely isolated findings or a diagnosis including the word "chronic." Continuity of symptomatology is required where the condition noted during service is not, in fact, shown to be chronic or where the diagnosis of chronicity may be legitimately questioned. When the fact of chronicity in service is not adequately supported, then a showing of continuity after discharge is required to support the claim. 38 C.F.R. § 3.303(b) (1994). Entitlement to Service Connection for a Chronic Skin Disorder The veteran's service entrance examination disclosed that his skin was normal. His service medical records show that he was seen on several occasions in April 1985, in October and November 1995, and in July and August 1986 for complaints of breaking out in a rash after becoming overheated while running. It was noted that the skin rash usually resolved when he cooled off. Examination in April 1985 disclosed a few lesions on the arms and trunk and scattered areas of urticaria. The diagnoses were cholinergic urticaria and hives, and the veteran was treated with Atarax. An entry in November 1985 noted that the presence of an intermittent skin rash on sweating or increased temperature had been documented by other health care practitioners. It was noted that an extensive workup by internal medicine and the dermatology clinic had all revealed normal findings and no pathology. The diagnosis was again shown as cholinergic urticaria and medication with Atarax was continued. The veteran did not undergo a service separation examination. VA outpatient clinic records dated in July 1991 show that the veteran was seen for complaints which included episodes of "sweating under the skin," and noted that a dermatologist who examined him during active service was unable to establish the etiology of his skin disorder. The clinical impression was possibly chronic skin disorder. A July 1991 letter from R. A. Hoff, M.D., stated that the veteran had a history consistent with recurrent angioedema brought on by being very warm, as in exercising for a few minutes. He indicated that the condition first began while in the service in 1986. Treatment notes from Dr. Hoff cited a history of inservice treatment for a skin disorder, noting that the veteran's skin was normal on current examination. The diagnosis was angioedema, by history. In August 1991 and in September 1992, the veteran submitted written statement describing the onset and the current state of his skin disorder and provided color photographs showing areas of his back, trunk, arms and legs with a clearly discernible rash. A report of VA examination, conducted in September 1992, noted a history offered by the veteran of recurrent welts, rashes and occasional itching since 1986, precipitated by exposure to sunlight or getting too much heat. It was noted that one physician had diagnosed the veteran's skin disorder as angioedema. On current evaluation, the veteran's skin was normal. The diagnosis was history of angioedema. A report of dermatology consultation from the Florida Department of Corrections, dated in March 1992, shows that the veteran had a rash on his buttocks with some scarring, suggestive of a folliculitis. The clinical impression was folliculitis. An October 1992 letter from Dermatologists Associates Clinic noted the veteran's complaints of intermittent problems with pruritic lesions that appeared when he got hot, exercised, or took hot showers. The lesions reportedly involved his legs, chest, arms, and face, and resolved when he cooled off. No skin disorder was present on examination. It was noted that the veteran had had an extensive laboratory evaluation, and was currently medicated with Atarax. The clinical impression was cholinergic urticaria (heat induced), by history. An October 1993 letter from R. F. Humphreys, M.D., noted that the veteran developed small hives when he became emotionally upset, took a hot shower, exercised, or undertook any activity that made him sweat. It was noted that he had received an extensive systemic workup. The veteran expressed the opinion that his current skin condition was related to exposure to gas fumes while in military service. Apart from his complaints of a skin disorder, the veteran was completely healthy. The clinical impression was cholinergic urticaria, and medication with Atarax was continued. The Board notes that the veteran's skin was normal at service entry, that he was seen repeatedly during active service for skin eruptions attributable to cholinergic urticaria or hives, and that he was given medication to relieve that condition. Following service separation, he continued to manifest similar eruptions attributable to angioedema and cholinergic urticaria, and medication for the control of symptoms of that disorder was continued. The Board has considered the veteran's written statements regarding the onset and severity of symptoms of his skin eruptions, and we have carefully examined the photographs submitted by the veteran showing skin rash on various areas of his body. Based upon the foregoing, the Board finds that the veteran's currently manifested urticaria manifested by skin eruptions was incurred during his period of peacetime service and that service connection is warranted for that disorder. ORDER Entitlement to service connection for urticaria productive of skin eruptions is granted. REMAND The veteran was seen for various symptoms, including headaches, on a number of occasions during his active service. Moreover, on a VA examination in September 1992, headaches of unknown etiology were diagnosed. Based upon the current record, the Board is uncertain as to the current nature of the veteran's headaches and whether they are related to symptoms present in service. It is the opinion of the Board that a neurologic examination would be helpful in determining the nature and etiology of any current headaches. Consequently, this issue is REMANDED for the following action: The veteran should be examined by a neurologist in order to determine the nature of his claimed headaches. The examiner should have access to the claims folder for review of the record. The examiner should express an opinion as to the etiology of the veteran's headaches and whether they are related to symptomatology shown in service. Upon completion of the noted development, the RO should again consider the issue of service connection for a disability manifested by shortness of breath, headaches and dizziness. If the decision remains adverse to the veteran, he and his representative should be furnished a Supplemental Statement of the Case and given the appropriate time to respond. Thereafter, the case should be returned to the Board for final appellate consideration. The purpose of this REMAND is further development, and the Board intimates no opinion as to the final action on this matter by dint of our present action. EDWARD W. SEERY 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).