Citation Nr: 20002103
Decision Date: 01/09/20	Archive Date: 01/09/20

DOCKET NO. 18-02 704
DATE: January 9, 2020

ORDER

Entitlement to a 10 percent evaluation based on multiple, non-compensable, service-connected disabilities, under 38 C.F.R. § 3.324, is denied.

FINDING OF FACT

The evidence of record fails to demonstrate that the Veteran’s non-compensable, service-connected disabilities interfered with normal employability.

CONCLUSION OF LAW

The criteria for a 10 percent evaluation for multiple, non-compensable, service-connected disabilities have not been met. 38 U.S.C. § 1155; 38 C.F.R. § 3.324.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from February 1969 to February 1971.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2017 rating decision of the regional office of the Department of Veterans Affairs (VA).

Whenever a Veteran is suffering from two or more separate permanent service- connected disabilities of such character as to clearly interfere with normal employability, even though none of the disabilities may be of compensable degree under the Rating Schedule, the rating agency is authorized to apply a 10 percent rating, but not in combination with any other rating. 38 C.F.R. § 3.324.

The Veteran was granted service connection for non-Hodgkin’s lymphoma and a surgical scar on a secondary basis, and assigned non-compensable evaluation for each, effective February 22, 2017, the date of claim.

Medical evidence of record fails to show that the Veteran’s non-compensable disabilities interfered with normal employability from February 22, 2017.  During an April 2017 VA examination, the examiner noted that the Veteran’s non-Hodgkins lymphoma first diagnosed in 1994 is currently in remission. The examiner found no evidence of any residuals or symptoms and indicated that the condition has no impact upon the Veteran’s ability to work.  

Similarly, private treatment records from August 2014 show the current status of non-Hodgkin’s lymphoma as “clinical complete remission.”  See records from New York Oncology Hematology received February 2017.  Indeed, private treatment records show a history of chemotherapy in 1994 and stem cell transplant in 1996.  However, medical treatment records are silent as to any indication that the Veteran’s non-Hodgkin’s lymphoma and scar, or residuals thereof, had any affect upon employment whatsoever.

Based on the foregoing, the Board finds that the record does not show that the Veteran’s non-compensable disabilities interfered with normal employability.  

As such, there is no basis under the cited regulation for the assignment of a 10 percent rating based on multiple non-compensable service-connected disabilities pursuant to 38 C.F.R. § 3.324. 

 

KELLI A. KORDICH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. An, Associate Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.