Citation Nr: 18159367 Decision Date: 12/19/18 Archive Date: 12/18/18 DOCKET NO. 13-25 207A DATE: December 19, 2018 REMANDED Entitlement to an evaluation in excess of 10 percent disabling for residuals of squamous cell carcinoma, left neck scar, is remanded. Entitlement to a compensable evaluation for residuals of squamous cell carcinoma, disfigurement scar of the left neck, is remanded. Entitlement to an evaluation in excess of 10 percent disabling for residuals of squamous cell carcinoma, left ear scar, is remanded. Entitlement to a compensable evaluation for residuals of squamous cell carcinoma, disfigurement scar of the left ear, is remanded. Entitlement to a compensable evaluation for residuals of squamous cell carcinoma, right shoulder scar, is remanded. Entitlement to a compensable evaluation for residuals of squamous cell carcinoma, mid-lower back scar, is remanded. Entitlement to a compensable evaluation for residuals of squamous cell carcinoma, left forearm scar, is remanded. REASONS FOR REMAND The Veteran served on active duty from May 1966 to April 1970. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2012 rating decision by the Department of Veterans Affairs (VA). This case was previously remanded in June 2017 for further development. During the course of the appeal, and as a result of the June 2017 Board remand, the Veteran was granted service connection for a mid-lower back scar, left neck scar, right shoulder scar, and left ear scar, as well as disfigurement of the left neck and disfigurement of the left ear. See April 2018 rating decision. Because these new issues are residuals of the Veteran’s squamous cell carcinoma, they are considered as part and parcel of the initial issue on appeal. Thus, the Board has jurisdiction of these issues, as reflected above. All issues are remanded. The Veteran’s left ear scar and disfigurement scars of the left neck and left ear are currently rated pursuant to Diagnostic Code (Code) 7800. The criteria for Code 7800 pertains to characteristics of disfigurement of the head, face, or neck, to include surface contour of a scar elevated or depressed on palpitation, or a scar adherent to underlying tissue. 38 C.F.R. § 4.118. Neither the October 2012 or July 2017 VA examinations, nor the December 2016 Disability Benefits Questionnaire (DBQ) completed by the Veteran’s physician, address these areas of disfigurement. Therefore, remand for a new VA examination is necessary. The Veteran’s private physician stated that the Veteran had a history of skin cancer on his hip and had a superficial non-linear scar on his right lower extremity. See December 2016 DBQ. While a July 2017 VA examiner noted that she reviewed the December 2016 DBQ, she did not comment or not whether the Veteran had a scar on his right lower extremity that is a residual of his squamous cell carcinoma. See July 2017 VA examination. (Indeed, the VA examiner did not discuss any scars other than the Veteran’s mid-lower back, neck, and ear scars.) The diagnostic criteria for scars includes criteria relating to the number of scars and the total area of a Veteran’s scars. 38 C.F.R. § 4.118, Codes 7802, 7804 (2017); 83 Fed. Reg. 32592 (July 13, 2018). As a result, remand for a new VA examination is also warranted on this basis. In June 2018, the Veteran submitted an undated photograph of a scar. See June 2018 correspondence. It appears that there may still be stitches in the scar, thus the Board is unable to discern the date of the photograph and the location of the scar. On remand, clarification regarding the photograph should be sought. The matters are REMANDED for the following action: 1. The AOJ should obtain copies of VA treatment records for the Veteran’s disabilities from August 2018 to the present. 2. The AOJ should request clarification regarding the date and circumstances of the photograph the Veteran submitted in June 2018. 3. After the above development has been completed, the AOJ should schedule the Veteran for a scar examination by an appropriate clinician to determine the current severity of his service-connected residuals of squamous cell carcinoma. The examiner must review the entire record (including this remand) in conjunction with the examination and note such review was conducted. The examiner is requested to respond to the following: (a.) Please identify ALL of the Veteran’s scars (including healed scars) that are a residual of squamous cell carcinoma and provide appropriate measurements for each scar. (b.) For the Veteran’s head, face, or neck scars, does the Veteran have surface contour of a scar elevated or depressed on palpitation, or a scar adherent to underlying tissue? 4. If upon completion of the above action the issues remain denied, the case should be returned to the Board after compliance with appellate procedures. E. I. VELEZ Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Sandler, Associate Counsel