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13-00 024
13-00 024
| Board of Vet. App. | Apr 28, 2017
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Background

  • Veteran served on active duty 1980–1983 and was service-connected for pseudofolliculitis barbae with an initial 10% rating effective October 30, 2008.
  • Board previously denied a rating in excess of 10%; the Veteran appealed to the Court of Appeals for Veterans Claims.
  • The Court granted a Joint Motion for Remand (Oct. 2016) directing further development because the Board failed to address whether doxycycline (an oral antibiotic used by the Veteran) is a systemic therapy "like or similar to" corticosteroids or other immunosuppressives.
  • The record shows doxycycline was used during the relevant appeal period; the last VA skin exam in the file was from August 2012.
  • Veteran and representative have asserted symptoms worsened since 2012; the Board ordered a new VA skin examination and a medical opinion on whether doxycycline (and any other oral meds used) is "like or similar to" corticosteroids/immunosuppressants, and directed collection of VA treatment records from February 2014 onward.
  • The Board remanded the claim for additional development (new exam/opinion and outstanding treatment records) and instructed readjudication; no final merits decision was made.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the Veteran is entitled to an initial rating in excess of 10% for pseudofolliculitis barbae (including whether doxycycline qualifies as systemic therapy "like or similar to" corticosteroids/immunosuppressives) Veteran: doxycycline was used during the appeal period and may qualify as systemic therapy warranting higher rating; symptoms have worsened since last exam VA/Board: prior record/exam did not establish rating >10%; adequacy of prior exam/opinion on systemic-therapy question unresolved Remanded: obtain outstanding records, new VA skin exam, and medical opinion on whether doxycycline/other oral meds are "like or similar to" corticosteroids/immunosuppressives; then readjudicate rating issue

Key Cases Cited

  • Forcier v. Nicholson, 19 Vet. App. 414 (Vet. App. 2006) (Board must follow clear, specific Court instructions)
  • Floyd v. Brown, 9 Vet. App. 88 (Vet. App. 1996) (VA duty to provide a thorough, contemporaneous medical exam)
  • Weggenmann v. Brown, 5 Vet. App. 281 (Vet. App. 1993) (entitlement to new exam where condition may have worsened)
  • Snuffer v. Gober, 10 Vet. App. 400 (Vet. App. 1997) (new exam warranted if deterioration alleged)
  • Caffrey v. Brown, 6 Vet. App. 377 (Vet. App. 1994) (same principle on need for new exam)
  • Barr v. Nicholson, 21 Vet. App. 303 (Vet. App. 2007) (VA must ensure examinations/opinions are adequate)
  • Warren v. McDonald, 28 Vet. App. 194 (Vet. App. 2016) (compensation available for systemic therapies "like or similar to" corticosteroids/immunosuppressives)
  • Murphy v. Derwinski, 1 Vet. App. 78 (Vet. App. 1990) (duty to obtain relevant VA and private records)
  • Bell v. Derwinski, 2 Vet. App. 611 (Vet. App. 1992) (same duty to obtain outstanding records)
  • Kutscherousky v. West, 12 Vet. App. 369 (Vet. App. 1999) (veteran may submit additional evidence on remand)
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Case Details

Case Name: 13-00 024
Court Name: Board of Veterans' Appeals
Date Published: Apr 28, 2017
Docket Number: 13-00 024
Court Abbreviation: Board of Vet. App.