Citation Nr: 21004524 Decision Date: 01/27/21 Archive Date: 01/27/21 DOCKET NO. 16-34 792 DATE: January 27, 2021 ORDER Entitlement to a rating in excess of 10 percent for residual painful scar from pilonidal cyst is denied. FINDING OF FACT The Veteran has one painful scar that is not unstable. CONCLUSION OF LAW The criteria for a rating in excess of 10 percent for residual painful scar from pilonidal cyst have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1, 4.3, 4.118, Diagnostic Code 7804. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from September 1960 to June 1964. A hearing was held before the undersigned veterans law judge in December 2020. The transcript is of record. During the hearing, the VLJ clarified the issues, asked if there was outstanding evidence and held the file open for the submission of evidence. Such actions comply with 38 C.F.R. § 3.103. 1. Entitlement to a rating in excess of 10 percent for residual painful scar from pilonidal cyst The Veteran seeks a higher rating for his residual painful scar from pilonidal cyst, which he claims limits his activities. The Veteran’s residual painful scar from pilonidal cyst is rated under Diagnostic Code 7804 for unstable or painful scar(s). The Board notes that the Veteran is also in receipt of noncompensable ratings for two other scars. Those ratings are not on appeal. The VA amended the criteria for rating skin disabilities effective from August 13, 2018. However, Diagnostic Code 7804 was not changed by the August 13, 2018, amendments. Under Diagnostic Code 7804, one or two scars that are unstable or painful scars warrants a 10 percent rating. Three or four scars that are unstable or painful scars warrants a 20 percent rating. Five or more scars that are unstable or painful warrants a 30 percent rating. 38 C.F.R. § 4.118. Note 1 to Diagnostic Code 7804 instructs that an unstable scar is one where, for any reason, there is frequent loss of covering of skin over the scar. Id. Note 2 instructs that if one or more scars are both unstable and painful, 10 percent should be added to the rating that is based on the total number of unstable or painful scars. Id. The Veteran received a VA examination in August 2014. The examiner indicated that the Veteran had one painful scar on the posterior trunk. The scar was not unstable. There was noted limitation of sitting for long periods due to the unusually deep contour of the scar. The examiner also noted that pressure on the scar resulted in numbness in the region. A July 2016 private medical record shows that the Veteran was seen for complaints of pain from his scar. He reported pain that sometimes shoots up into his back but is principally centered around the surgery scar. He did not report radiation of pain into his legs. The physician noted that the Veteran was able to walk but the distance was limited by pain. Upon examination, there was diminished pin sensation around the scar. At his December 2020 hearing, the Veteran testified that his scar is painful and itchy. He reported that he was unable to sit at the back of his chair due to pain from the scar. He also stated that he had difficulty sleeping due to pain, as well as walking and standing for long periods. The Board finds that the preponderance of the evidence is against the assignment of a rating in excess of 10 percent under Diagnostic Code 7804 because the Veteran’s scar is not manifest by three or four scars that are unstable or painful. Nor is the Veteran’s scar both painful and unstable. The Board has also considered the other Diagnostic Codes pertaining to scars, specifically Diagnostic Code 7805 which provides that any disabling effect(s) not considered in a rating provided under diagnostic codes 7800-04 should be evaluated under an appropriate diagnostic code. 38 C.F.R. § 4.118, Diagnostic Code 7805. The Veteran has reported that it is difficult for him to walk or sit for long periods due to pain from the scar. However, he has not stated, and there is no evidence to suggest, that his range of motion is limited. Sensation has been shown to be limited around the site of the scar. The July 2016 treatment record states that pain is primarily along the scar and does not radiate into the legs. Further, the Veteran’s scar is not of the head, face, or neck. The scar is deep and non-linear, but it does not cover an area or areas of 12 square inches or greater. The August 2014 examiner noted a total area of 2 square centimeters. Therefore, Diagnostic Codes 7800 through 7802, both prior to and from August 13, 2018, are inapplicable. The Board acknowledges that the Veteran believes that the disability on appeal has been more severe than the assigned disability rating reflects. Moreover, the Veteran is competent to report observable symptoms, to include pain and resulting inability to stand or sit for long periods, and his reports are credible. Jandreau v. Nicholson, 492 F.3d 1372, 1377 (Fed. Cir. 2007). However, he does not assert, and medical records do not show, that the Veteran’s scar is manifest by three or four scars that are unstable or painful. Nor does the evidence indicate that there is limitation of range of motion. In conclusion, the Board finds that the preponderance of the evidence is against the Veteran’s claim for a disability rating in excess of 10 percent for residual painful scar from pilonidal cyst. In denying such a rating, the Board finds the benefit of the doubt doctrine is not applicable. 38 U.S.C. § 5107; 38 C.F.R. §§ 4.3, 4.7. H. N. SCHWARTZ Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Creegan 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.