Citation Nr: 0710183 Decision Date: 04/09/07 Archive Date: 04/16/07 DOCKET NO. 05-16 266 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Hartford, Connecticut THE ISSUE Entitlement to service connection for folliculitis. REPRESENTATION Appellant represented by: Connecticut Department of Veterans Affairs ATTORNEY FOR THE BOARD LouElla Kuta, Associate Counsel INTRODUCTION The veteran served on active duty from July 1998 to August 2003. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2004 decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Hartford, Connecticut, which denied the benefit on appeal. The veteran was scheduled for a videoconference hearing before the Board on March 16, 2007. The veteran did not appear for the hearing. The issue of an increased rating for Tourette's Syndrome, currently evaluated as 30 percent disabling, has been withdrawn by the appellant. FINDING OF FACT The veteran has folliculitis, which is shown to have been incurred or aggravated in service. CONCLUSION OF LAW The criteria for service connection for folliculitis have been met. 38 U.S.C.A. §§ 1110, 5102, 5103A, 5107 (West 2002 & Supp. 2005); 38 C.F.R. §§ 3.102, 3.303 (2006). REASONS AND BASES FOR FINDING AND CONCLUSION The Veterans Claims Assistance Act of 2000 (VCAA) Under 38 U.S.C.A. § 5102 VA first has a duty to provide an appropriate claim form, instructions for completing it, and notice of information necessary to complete the claim if it is incomplete. Second, under 38 U.S.C.A. § 5103(a), VA has a duty to notify the claimant of the information and evidence needed to substantiate and complete a claim, i.e., evidence of veteran status; existence of a current disability; evidence of a nexus between service and the disability; the degree of disability, and the effective date of any disability benefits. The veteran must also be notified to submit all evidence in his possession, what specific evidence he is to provide, and what evidence VA will attempt to obtain. VA thirdly has a duty to assist claimants in obtaining evidence needed to substantiate a claim. This includes obtaining all relevant evidence adequately identified in the record, and in some cases, affording VA examinations. 38 U.S.C.A. § 5103A. There is no issue as to providing an appropriate application form or completeness of the application. Written notice provided in the December 2003 correspondence fulfills the provisions of 38 U.S.C.A. § 5103(a). The case was readjudicated in an June 2006 supplemental statement of the case. March 2006 correspondence provided notice of the type of evidence necessary to establish an effective date for the disability on appeal. Finally, VA has secured all available pertinent evidence and conducted all appropriate development. The service medical records are available, the veteran has been afforded a VA examination, and there is no pertinent evidence which is not currently part of the claims file. Hence, VA has fulfilled its duty to assist the appellant in the prosecution of his claim. Criteria Applicable law provides that service connection will be granted if it is shown that the veteran suffers from disability resulting from any injury suffered or disease contracted in line of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of duty, in active military service. 38 U.S.C.A. § 1131; 38 C.F.R. § 3.303. That an injury occurred in service alone is not enough; there must be chronic disability resulting from that injury. If there is no showing of a chronic condition during service, then a showing of continuity of symptomatology after service is required to support a finding of chronicity. 38 C.F.R. § 3.303(b). Service connection may also be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). Background The claims file does not include any medical evidence showing that the veteran was, in fact, diagnosed or treated for folliculitis prior to his service. The veteran's service entrance examination is silent for any complaints, finding, or diagnosis of folliculitis. In January, June and July 1999, and February 2000, he was treated for that disorder, and placed on a shaving profile. One treatment note indicated the veteran had this condition for several years. Post-service, in May 2004, the veteran underwent a VA examination and reported that he developed folliculitis while in-service. The examiner notated that the chin and neck hair curved under, hair ends grew under the skin and left scars. The veteran reported the hair growing into his skin was painful and in addition, shaving was painful. The examiner notated dense scars caused a dark red neck after hair follicle cysts beneath outer skin healed. The examiner diagnosed folliculitis, active and scars, with mild functional impairment, 10 percent of the skin surface. In July 2004, a VA treatment note indicated the veteran was referred to dermatology for a consultation on hair removal. In April 2005, a VA examiner notated the veteran had pseudofolliculitis of the beard area, with no vesicles and no skin breakdown. The examiner diagnosed pseudofolliculitis. Analysis An August 1997 entrance examination report indicates that no abnormalities were noted by the examiner. However, after entering service, in January 1999, the veteran was seen for shaving problems and was diagnosed with pseudofolliculitis barbae. He underwent additional treatment while in service and it was noted that by an examiner that this condition had existed for several years. Thus, although no abnormalities were noted by the examiner in August 1997, it appears that the pseudofolliculitis barbae may have pre-existed service. The law is clear that a veteran is presumed in sound condition upon entrance into the service, except for defects noted when examined and accepted for service. Clear and unmistakable evidence that the disability existed prior to service and was not aggravated by service will rebut the presumption of soundness. 38 U.S.C.A. § 1111 (West 2002); VAOPGCPREC 3-2003. Give the above, the Board notes that the claims file does not contain clear and unmistakable evidence that the veteran's folliculitis existed prior to his service. As such, the presumption of sound condition has not been rebutted. The Board notes the veteran was shown to have moderate to pseudofolliculitis barbae during service. He was placed on shaving waivers due to this condition. The post-service medical records indicate that he continues to have this condition As there is no documentation of this disorder prior to service, and given the severity of the condition in service, as well as the fact that he continues to have this same condition, resolving any doubt in favor of the veteran, the Board will find that that the disability was incurred or aggravated in service. In light of the above, the Board finds that the evidence supporting the claim to be at least in equipoise with that against the claim. Service connection therefore is in order for pseudofolliculitis barbae. 38 U.S.C.A. § 5107. ORDER Service connection for pseudofolliculitis barbae is granted subject to the laws and regulations governing the award of monetary benefits. ____________________________________________ C. TRUEBA Acting Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs