Citation Nr: 18158398
Decision Date: 12/14/18	Archive Date: 12/14/18

DOCKET NO. 16-12 828
DATE:	December 14, 2018
ORDER
A 30 percent rating for painful and/or unstable scars is granted, subject to the laws and regulations governing the award of monetary benefits.
FINDING OF FACT
The evidence suggests that the Veteran has 4 painful scars and one or more scars is both painful and unstable.  
CONCLUSION OF LAW
The criteria for a 30 percent rating, but no higher, for painful and/or unstable scars have been met.  38 U.S.C. § 1155; 38 C.F.R. §§ 4.1, 4.2, 4.7, 4.118, Diagnostic Code 7804.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran’s painful and/or unstable scars were initially rated 10 percent from November 2011 by a March 2014 rating decision.  In December 2014, VA received the Veteran’s claim seeking an increased rating for new painful scars caused by a failed surgery to implant a spinal cord stimulator in September 2014.  A March 2015 rating decision increased the rating to 20 percent effective December 2014. The Veteran filed timely appeal to the Board.
The Veteran’s painful and/or unstable scars are evaluated under the Diagnostic Code (DC) 7804.  A 10 percent rating is assigned when there are one or two scars that are unstable or painful; a 20 percent rating is assigned when there are three or four scars that are unstable or painful; a 30 percent rating is assigned when there are five or more scars that are unstable or painful. 38 C.F.R. 4.118, DC 7804. An unstable scar is one where, for any reason, there is frequent loss of covering of skin over the scar. DC 7804 note (1).  If one or more scars are both unstable and painful, 10 percent will be added to the evaluation that is based on the total number of unstable or painful scars. DC 7804 note (2).
Of Note, the VA’s new regulation on the General Rating Formula for the Skin effective August 13, 2018 does not affect DC 7804, DC 7804 remains the same as under the old regulation effective October 23, 2008.
The Veteran was afforded a VA examination in February 2014, at which the examiner found that the Veteran had 2 painful scars on her right ankle; but did not find any scar that was both painful and unstable. 
The Veteran was afforded another VA examination in March 2015, at which the Veteran reported that she had spinal cord stimulator implantation surgery in September 2014, but ultimately had to take it out because of a wound infection. On examination, the Veteran was found to have 2 new painful scars -  1 on her back and 1 on her left buttock.  The examiner did not find any scar that was both painful and unstable.
Shortly after the March 2015 VA examination, the VA treatment records in March 2015 show that the Veteran sought treatment for painful and unstable scars, and the treating physician found that the painful scars were also unstable, as evidenced by and sloughing skin around the scars. 
The medical evident indicates that the Veteran has 4 painful scars, thus she has met the 20 percent rating criteria based on total number of painful scars.  However, a 30 percent rating is not warranted based on total number of painful or unstable scars, as the evidence does not show that the Veteran has 5 or more painful or unstable scars.  
In addition to the 20 percent rating based on the 4 painful scars, an extra 10 percent rating will be added because the VA treatment records suggest that at least 1 or more of the painful scars is also unstable.  A total rating of 30 percent is granted for painful and/or unstable scars.   

 
MATTHEW W. BLACKWELDER
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Q. Wang, Associate Counsel