Citation Nr: A23030730
Decision Date: 11/02/23	Archive Date: 11/02/23

DOCKET NO. 220816-267960
DATE: November 2, 2023

REMANDED

Entitlement to an initial rating in excess of 10 percent for pseudofolliculitis barbae (PFB) is remanded.

REASONS FOR REMAND

The Veteran had active military service from June 1998 to October 1999.

In the August 16, 2022, VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. A Board hearing was held on May 9, 2023. Therefore, the Board may only consider the evidence of record at the time of the July 2022 agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran at the hearing or within 90 days following the hearing. 38 C.F.R. § 20.302(a). If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to the Board hearing, or (2) more than 90 days following the hearing, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.302(a), 20.801. However, because the Board is remanding the claim for an increased rating for PFB, any evidence the Board could not consider will be considered by the AOJ in the adjudication of that claim. 38 C.F.R. § 3.103(c)(2)(ii).

On VA examination in July 2022, the Veteran reported he started breaking out in his face and jawline, bear area, cheeks, chin, and neck with tender, itchy bumps. He indicated he applied tretinoin cream, Erythromycin gel, and hydrocortisone cream daily to treat his symptoms. The report indicated that the condition had worsened since diagnosis. The examiner remarked that hydrocortisone is a corticosteroid, and the condition appeared is numerous small pustular red bumps with pus on top and some dried with hard top surface, but indicated that the condition did not cause scarring, nor did it impact the Veteran's ability to work.

In a post-hearing brief, the Veteran argued that the July 2022 examination was inadequate because the examiner failed to address his upper chest symptoms, and failed to acknowledge the Veteran's scarring from PFB. He indicated the July 2022 examiner was rushed and did not adequately examine his condition.

The Board agrees that the July 2022 examination failed to adequately describe both the body percentage covered by the Veteran's PFB and his scarring. Additionally, it is worthy of note that the July 2022 examination report indicated a worsening of the Veteran's initial condition, and his described symptoms and lack of relief from topical medications suggests that his condition has continued to worsen. Thus, the Board finds that the pre-decisional examination was inadequate, and the case must be remanded.

The matters are REMANDED for the following action:

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Schedule the Veteran for an appropriate examination to ascertain the current level and severity of his service connected pseudofolliculitis barbae using the most recent DBQ form. The electronic file should be made available to the examiner for review. Any indicated diagnostic tests and studies, including photographic evidence of the affected areas should be performed as appropriate to fully inform the Board, and the results should be reported in detail.

 

J. Kirby

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. E. Lee

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.