Citation Nr: 21068629
Decision Date: 11/11/21	Archive Date: 11/11/21

DOCKET NO. 16-07 255
DATE:  November 11, 2021

REMANDED

Entitlement to a compensable rating for residuals of skin cancer, to include squamous cell and basal cell carcinoma, is remanded. 

REASONS FOR REMAND

The Veteran had active naval service from November 1954 to October 1958.

This case comes before the Board of Veterans' Appeals (Board) on appeal of a December 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). 

This case was previously before the Board. In a June 2020 decision, the Board denied the claim currently on appeal. The Veteran appealed that decision to the United States Court of Appeals for Veteran Claims (Court). In a June 2021 Order, the Court granted a Joint Motion of the parties, vacated the Board's decision, and remanded the case to the Board for action consistent with the Joint Motion.

In the Joint Motion, the parties agreed that the Board relied on VA examinations in the June 2020 decision that did not adequately contemplate the Veteran's lay statements regarding the severity of his scars, and whether the Veteran had appropriate characteristics of disfigurement so as to warrant a higher rating for scars of the head, face, or neck.

As such, the Board finds that additional VA examination is necessary to adequately determine the current level of severity of all impairment resulting from the Veteran's skin cancer residual scars.

The matters are REMANDED for the following action:

1. Schedule the Veteran for a VA examination to determine the current level of severity of all impairment resulting from the Veteran's skin cancer residual scars. The claims file must be made available to, and reviewed by the examiner. Any indicated tests and studies must be performed. The examiner must provide all information for rating purposes, to specifically include the presence of any characteristics of disfigurement that are present, and the presence of any unstable or painful scars. In providing the required findings, the examiner must consider the Veteran's lay statements regarding the severity of his scars.

2. Then, readjudicate the appeal. If the decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board.

 

 

Kristin Haddock

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	I. Umez-Eronini, 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.