BVA9504704 DOCKET NO. 93-13 272 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Boston, Massachusetts THE ISSUE Entitlement to an increased rating for psoriatic dermatitis, currently evaluated as 30 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD B. Anderson, Counsel REMAND The appellant had active duty from January 1945 to June 1946. This appeal arises from a July 1991 rating decision of the Boston, Massachusetts, regional office (RO). In that decision, a 30 percent evaluation for psoriatic dermatitis was continued. In May 1992, the appellant submitted an informal claim to establish service connection for psoriatic arthritis. The new issue was noted during the appellant's personal hearing at the RO in July 1992, and it was agreed that a disability evaluation examination by the Department of Veterans Affairs (VA) could be arranged to examine both the dermatologic and claimed arthritic disorders. However, the appellant failed to report for examination scheduled for September 1992 and again in December 1992. In a statement in support of claim dated in May 1994, with accompanying statements dated in 1993, the appellant reported that an unnamed specialist from Boston examined him at the Worcester VA outpatient clinic and diagnosed the problem as psoriatic arthritis caused by the dermatitis. He requested that additional records be obtained from the Worcester and West Roxbury VA clinics and that he be accorded another examination. To ensure that VA has met its duty to assist the claimant in developing the facts pertinent to the claim and to ensure full compliance with due process requirements, the case is REMANDED to the RO for the following development: 1. The RO should obtain for association with the claims file progress notes from the Worcester and West Roxbury VA outpatient clinics, dated since 1992. A specific request should be made for the report of the medical specialist from Boston who examined the appellant at the Worcester clinic sometime before January 6, 1993. 2. The appellant should be afforded a VA examination to determine the current extent of the service-connected psoriatic dermatitis and to determine the nature and extent of any arthritis found to be present. The claims folder should be made available to the examiner for review before the examination. Subjective symptoms, such as itching, burning, pain, and anesthesia, should be elicited and recorded. Past and present treatment, as well as any side effects, should be listed. Clinical findings, including description of the skin disorder, the overall distribution and configuration of lesions, their characteristics such as size, color, consistency, shape, and outline, should be reported in detail. Color photographs of skin lesions would be helpful. The presence of psoriatic arthritis should be ruled in or out. The rationale for medical conclusions reached should be recorded. 3. Following completion of the above- requested development, the RO should take appropriate adjudicative action, to include consideration of the claim of service connection for psoriatic arthritis. The RO should notify the appellant and his representative of the determinations and of the right to appeal any new issue if not satisfied by the rating decision. If a timely notice of disagreement is filed with regard to any new issue, the appellant and representative should be furnished with a statement of the case which addresses the new issue and they should be informed that a substantive appeal must be filed to perfect an appeal as to the new issue. If the issue currently certified on appeal is not resolved to the appellant's satisfaction, the RO should issue a supplemental statement of the case which address this issue. The appellant and his representative should be provided the applicable time for response. After the development requested above has been completed, 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 until so notified. GARY L. GICK 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 deter- mination. 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) (1994).