Citation Nr: 1320194 Decision Date: 06/21/13 Archive Date: 07/02/13 DOCKET NO. 10-12 315 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Columbia, South Carolina THE ISSUES 1. Entitlement to an initial higher rating for squamous cell carcinoma residual of left lower leg scar, currently evaluated as 10 percent disabling. 2. Entitlement to an initial compensable rating for squamous cell carcinoma scars residuals of inner left nasal area lesion, left forearm, right forearm, and lateral chest wall. 3. Entitlement to an initial higher rating for squamous cell carcinoma residual of left back, evaluated as 10 percent disabling from April 19, 2011, and evaluated noncompensably disabling prior to that date. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESSES AT HEARING ON APPEAL Veteran and spouse ATTORNEY FOR THE BOARD Megan C. Kral, Associate Counsel INTRODUCTION The Veteran had active duty service from July 1944 to July 1946, and from June 1951 to August 1952. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2009 rating decision by a Regional Office (RO) of the Department of Veterans Affairs (VA) which granted service connection for a left lower leg scar (as a residual of squamous cell carcinoma) and assigned a 10 percent rating, and separately granted service connection for scars (as residuals of squamous cell carcinoma) of the inner left nasal area, left forearm, right forearm, lateral chest wall, and left back and assigned a noncompensable (0 percent) rating for that group of scars. A Board hearing was held at the local RO in December 2010. This matter was remanded by the Board in March 2011. In a June 2012 rating decision the RO granted a separate 10 percent rating for the left back scar, effective April 19, 2011. This matter was again remanded in September 2012 for further development. Please note this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2012). 38 U.S.C.A. § 7107(a)(2) (West 2002). The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required. REMAND Pursuant to the Board's most recent remand, the Veteran underwent VA examination in March 2013. The report of that examination includes a notation that 5 or more scars of the trunk or extremities are painful. It was indicated that there was constant pain, even at night; mostly the scars on the left lower leg. Later in the report it was reported that the areas affected by the scars were the right upper extremity, left upper extremity, right lower extremity, left lower extremity, anterior trunk, and posterior trunk. However, the report does not make clear the locations of the 5 or more painful scars, other than the comment that they are mostly on the left lower extremity. In order to determine whether a higher rating (or separate compensable ratings) are warranted for the scars, a determination must be made as to the location of the reported painful scars. Moreover, during the course of the appeal, the rating criteria for rating scars changed. Before the applicable rating criteria can be applied in the most beneficial manner to the Veteran, the general body locations of the 5 or more painful scars must be clarified. Although the Board regrets further delay, the record as it stands does not allow for fully informed appellate review. Additional examination is therefore necessary. Accordingly, the case is REMANDED for the following action: (Please note, this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2012). Expedited handling is requested.) 1. The Veteran should be scheduled for a VA scars examination. The claims file should be made available to the examiner for review. The examiner should clearly report the general anatomic locations (such as right upper extremity, left upper extremity, right lower extremity, left lower extremity, anterior trunk, and posterior trunk, head, etc.) that are affected by at least one painful scar. 2. After completion of the above, the RO should review the record and determine if higher ratings, to include separate compensable ratings, are warranted for the service-connected scars. Appropriate consideration should be given to the changes in rating criteria during the appeal period. The Veteran and his representative should be furnished and appropriate supplemental statement of the case and be afforded an opportunity to respond. Thereafter, the case should be returned to the Board for appellate review. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2012). _________________________________________________ ALAN S. PEEVY Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand 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) (2012).