Citation Nr: 18149483
Decision Date: 11/09/18	Archive Date: 11/09/18

DOCKET NO. 16-31 905
DATE:	November 9, 2018
ORDER
Entitlement to a continued 10 percent rating under 38 C.F.R. § 3.324 is denied.
FINDING OF FACT
The Veteran has had a compensable service-connected disability since June 18, 2002.
CONCLUSION OF LAW
The criteria for a continued 10 percent rating under 38 C.F.R. § 3.324 are not met.  38 U.S.C. § 1155 (2012); 38 C.F.R. § 3.324 (2017).
REASONS AND BASES FOR FINDING AND CONCLUSION
In March 2018, the Veteran’s representative submitted a form to participate in VA’s Rapid Appeals Modernization Program (RAMP).  However, as this appeal had already been activated at the Board, it was not eligible for RAMP.
Entitlement to a continued 10 percent rating under 38 C.F.R. § 3.324
Whenever a veteran is suffering from two or more separate permanent service-connected disabilities of such character as clearly to interfere with normal employability, even though none of the disabilities may be of compensable degree under the rating schedule, a 10 percent evaluation may be assigned, but not in combination with any other rating.  38 C.F.R. § 3.324.  
In a January 2003 rating decision, the Regional Office (RO) granted entitlement to a 10 percent rating under 38 C.F.R. § 3.324 based upon multiple, noncompensable service-connected disabilities, effective June 18, 2002.
In a September 2012 rating decision, the RO granted a 10 percent disability rating for the Veteran’s right wrist tendonitis with carpal tunnel syndrome, effective June 18, 2002.  
The Veteran’s representative contends the Veteran is entitled to the continuation of the 10 percent rating under 38 C.F.R. § 3.324 as well as the 10 percent disability rating for the right wrist disability, for a combined rating of 20 percent effective June 18, 2002.  The representative contends the Veteran still had two other noncompensable service-connected disabilities effective at that time, and the grant of the earlier effective date for the compensable rating for the right wrist disability did not give VA the right to take away a previously awarded rating under 38 C.F.R. § 3.324.  See May 2013 notice of disagreement.
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The benefit under 38 C.F.R. § 3.324 is based on the existence solely of noncompensable service-connected disabilities, as the regulation clearly states that the 10 percent evaluation may not be combined with another rating.  See Butts v. Brown, 5 Vet. App. 532, 541 (1993).  Accordingly, the Board finds there is no entitlement under the law to a 10 percent rating under 38 C.F.R. § 3.324 as of June 18, 2002, when the Veteran was awarded a compensable disability rating for the service-connected right wrist disability.  Therefore, the claim for continuation of a 10 percent rating under 38 C.F.R. § 3.324 is denied.  See Sabonis v. Brown, 6 Vet. App. 426 (1994).
 
DONNIE R. HACHEY
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	S. Delhauer, Counsel