Citation Nr: 20026087 Decision Date: 04/15/20 Archive Date: 04/15/20 DOCKET NO. 16-49 258 DATE: April 15, 2020 ORDER A higher 100 percent schedular rating is granted for an aortic aneurysm, subject to the statutes and regulations governing the payment of compensation. FINDING OF FACT The Veteran’s aortic aneurysm is 5 centimeters or larger in diameter. CONCLUSION OF LAW The criteria are met for a higher 100 percent disability rating for the aortic aneurysm. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1, 4.3, 4.7, 4.104, Diagnostic Code (DC/Code) 7110.   REASONS AND BASES FOR FINDING AND CONCLUSION The appellant is a Veteran who served on active duty from December 1994 to November 2010. This appeal to the Board of Veterans' Appeals (Board) originates from an April 2015 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In December 2018, the Board issued a decision denying an initial compensable rating for the Veteran’s aortic aneurysm. In response, he appealed that decision to the higher U. S. Court of Appeals for Veterans Claims (Court/CAVC). In December 2019, the Court granted a Joint Motion for Remand (JMR), vacating the Board’s December 2018 decision and remanding this claim to the Board for re-adjudication in compliance with directives specified. Entitlement to a compensable rating for the aortic aneurysm Disability evaluations are determined by the application of a schedule of ratings (Rating Schedule), which is based on average impairment of earning capacity caused by the given disability. Separate diagnostic codes identify the various disabilities. 38 U.S.C. § 1155; 38 C.F.R. Part 4. When, as here, the appeal is from the initial rating assigned with an award of service connection, the severity of the disability during the entire period from the award of service connection to the present, and the possibility of "staged" ratings for distinct periods of time when varying degrees of disability were shown, must be considered. See Fenderson v. West, 12 Vet. App. 119 (1999). When a question arises as to which of two ratings applies under a particular code, the higher rating is assigned if the disability more closely approximates the criteria for such rating. Otherwise, the lower rating is assigned 38 C.F.R. § 4.7. All reasonable doubt material to the determination is resolved in the Veteran's favor. 38 U.S.C. § 5107; 38 C.F.R. §§ 3.102, 4.3. According to 38 C.F.R. § 4.104, Code 7110, a 60 percent rating is warranted if the aortic aneurysm precludes exertion. A 100 percent rating is warranted if the aortic aneurysm is five centimeters or larger in diameter, or is symptomatic, or for an indefinite period from the date of hospital admission for surgical correction. Although Code 7110 does not provide for a 0 percent rating, a noncompensable evaluation is assigned when the requirements for a compensable evaluation are not met. 38 C.F.R. § 4.31. A March 2008 private cardiothoracic surgery report notes that the Veteran’s echocardiogram showed progressive dilation of the pulmonary valve, “now reaching slightly over 5 cm in diameter.” An August 2010 Findings and Recommended Disposition of the United States Air Force (USAF) Physical Evaluation Board (PEB) reflects that the Veteran had an aortic aneurysm measuring 5.52 cm in dimension. In a September 2014 private Disability Benefits Questionnaire (DBQ), the Veteran reported chest pain. His private physician, Dr. T.C. noted the Veteran’s aortic aneurysm to be symptomatic, but not 5 cm or larger in diameter and did not preclude exercise. In September 2018, VA received a corrected DBQ from Dr. T.C., dated in October 2016. This additional report indicated the Veteran had symptoms of dizziness, fatigue, and light headedness with exertion. Dr. T.C. also remarked that the Veteran’s aortic aneurysm was 5 centimeters or larger in diameter, symptomatic, and precluded exertion.   The Board’s prior, December 2018, decision (as mentioned since vacated) determined the Veteran’s symptoms and impairment were sufficiently contemplated when additionally considering that he has a 60 percent rating for his valvular heart disease, status post heart valve replacement, under Code 7016. The Board determined that granting any additional compensation, including a separate compensable rating under Code 7110 for the aortic aneurysm, status post root repair, would contravene VA’s anti-pyramiding regulation – 38 C.F.R. § 4.14. However, a 100 percent rating under Code 7110 is warranted if the aortic aneurysm is 5 centimeters or larger in diameter, which the medical evidence confirms it is. Thus, a higher 100 percent initial rating is warranted. KEITH W. ALLEN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board P. Poindexter 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.