Decision Date: 07/26/95		Archive Date: 01/17/96
DOCKET NO.  93-17 001	)	DATE
	)
	)



On appeal from the decision of the 
Department of Veterans Affairs (VA) Regional Office (RO) in 
Atlanta, Georgia




THE ISSUE

Entitlement to an increased (compensable) rating for 
pseudofolliculitis barbae.




ATTORNEY FOR THE BOARD

Elizabeth Gallagher, Associate Counsel






INTRODUCTION

The veteran had active service from September 1978 to April 
1985 when he received an honorable discharge.  The report of 
separation reflects that the reason for separation was 
related to the pseudofolliculitis barbae.

This matter comes before the Board of Veterans’ Appeals 
(Board) on appeal from a September 1992 rating decision 
assigning a non-compensable disability evaluation for 
pseudofolliculitis barbae.


CONTENTIONS OF APPELLANT ON APPEAL

The veteran contends, in essence, that his service-connected 
pseudofolliculitis barbae warrants a 10 percent rating 
because it adversely affects his employability and requires 
the application of prescribed topical solutions of 
erythromycin and benzoyl peroxide on a regular basis.


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 supports the assignment of a 
10 percent rating for the veteran’s pseudofolliculitis 
barbae.


FINDINGS OF FACT

1.  Sufficient evidence necessary for an equitable 
disposition of the veteran’s appeal has been obtained by the 
RO.

2.  The veteran’s service-connected pseudofolliculitis barbae 
is manifested by complaints of recurrent papules following 
shaving which require antibiotic medication, and by clinical 
evidence of inflammatory papules on the bearded area of the 
face and neck, with a “cobbled” skin surface beneath the 
beard.


CONCLUSION OF LAW

A 10 percent rating for the veteran’s pseudofolliculitis 
barbae is warranted.  38 U.S.C.A. §§ 1155, 5107 (West 1991); 
38 C.F.R. §§ 4.1, 4.2, 4.7, 4.20, 4.118, Code 7806 (1994).


REASONS AND BASES FOR FINDINGS AND CONCLUSION

Initially, the Board notes that the veteran’s claim is well-
grounded within the meaning of 38 U.S.C.A. § 5107, and that 
all relevant facts have been properly developed for this 
appeal.

Disability evaluations are determined by the application of a 
schedule for rating disabilities.  Separate Diagnostic Codes 
identify the various disabilities.  38 U.S.C.A. § 1155; 
38 C.F.R. Part 4.  When a condition not listed in the 
schedule is encountered, it is permissible to rate such a 
disability under a closely related disease or injury in which 
not only the function affected, but the anatomical 
localization and symptomatology are closely analogous.  
38 C.F.R. § 4.20.

The veteran’s service medical records indicate that his 
pseudofolliculitis barbae was first manifested during his 
active service.  He was diagnosed as having chronic 
inflammatory folliculitis barbae and received an 
administrative discharge from the Marine Corps in 1985 for 
that reason.

At his June 1992 VA examination, the veteran reported that, 
due to his pseudofolliculitis barbae, he could not get the 
type of employment he wants since those jobs require that he 
be clean shaven.  The examination report stated that there 
were inflammatory papules on the bearded areas of the 
veteran’s face and platysmal region of his neck.  The 
surfaces of those areas were noted as being “cobbled to 
palpation”.  The diagnosis was pseudofolliculitis barbae.

A September 1992 rating decision granted service connection 
for pseudofolliculitis barbae and assigned a noncompensable 
disability rating effective from April 8, 1992, the date of 
the veteran’s claim.  The veteran’s symptoms were found to be 
analogous to eczema, thus the rating was assigned based upon 
Diagnostic Code 7806 of the VA rating schedule.  38 C.F.R. 
§ 4.118, Code 7806.  Code 7806 provides a zero percent rating 
for slight exfoliation, exudation or itching on a nonexposed 
surface or small area; a 10 percent rating for exfoliation, 
exudation or itching involving an exposed surface or 
extensive area; and a 30 percent rating for exudation, 
constant itching, extensive lesions or marked disfigurement.  
38 C.F.R. § 4.118, Code 7806.

Upon review of the records, the Board notes that the veteran 
reports he has to use an antibiotic on a regular basis to 
control the inflammatory papules on the bearded areas of his 
face and neck from his pseudofolliculitis barbae.  The Board 
further notes that the VA examiner found the skin under the 
veteran’s beard to be “cobbled to palpation”.  Based upon 
this evidence, the Board finds that the veteran’s 
symptomatology most closely approximates the criteria of 
‘exudation or itching involving an exposed surface’ which 
warrants a 10 percent rating under Diagnostic Code 7806.  
However, as the symptomatology does not approximate constant 
itching or exudation, extensive lesions or marked 
disfigurement, the next higher rating of 30 percent under 
that Code is not warranted.  38 C.F.R. § 4.118, Code 7806.

Accordingly, in consideration of 38 C.F.R. § 4.7, and with 
resolution of the doubt in the veteran’s favor, the Board 
finds that the evidence of record supports a 10 percent 
rating for the veteran’s service-connected pseudofolliculitis 
barbae.  38 C.F.R. § 4.20, 4.118, Code 7806.

In reaching its decision, the Board has considered the 
complete history of the disability in question as well as the 
clinical manifestations and the effect the disability may 
have on the earning capacity of the veteran.  38 C.F.R. 
§§ 4.1, 4.2 (1994).


ORDER

A 10 percent rating for pseudofolliculitis barbae is granted, 
subject to the law and regulations governing the payment of 
monetary benefits.



		
	JAMES R. ANTHONY
	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.

NOTICE OF APPELLATE RIGHTS:  Under 38 U.S.C.A. § 7266 (West 
1991), a decision of the Board of Veterans' Appeals granting 
less than the complete benefit, or benefits, sought on appeal 
is appealable to the United States Court of Veterans Appeals 
within 120 days from the date of mailing of notice of the 
decision, provided that a Notice of Disagreement concerning 
an issue which was before the Board was filed with the agency 
of original jurisdiction on or after November 18, 1988.  
Veterans' Judicial Review Act, Pub. L. No. 100-687, § 402 
(1988).  The date which appears on the face of this decision 
constitutes the date of mailing and the copy of this decision 
which you have received is your notice of the action taken on 
your appeal by the Board of Veterans' Appeals.
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