Citation Nr: 21070811 Decision Date: 11/26/21 Archive Date: 11/26/21 DOCKET NO. 20-04 421A DATE: November 26, 2021 ORDER Entitlement to a 10 percent rating, and no higher, for scar, status-post coronary artery bypass surgery is granted REMANDED Entitlement to a rating higher than 10 percent prior to June 22, 2017, and higher than 30 percent thereafter for service connected coronary artery disease is remanded. FINDING OF FACT The Veteran's coronary artery bypass surgical scar is manifest by pain. CONCLUSION OF LAW The criteria for a 10 percent rating for scar, status-post coronary artery bypass surgery 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 with the U.S. Army from April 1953 to January 1980. The Board previously remanded the appeal in a December 2020 decision to schedule the Veteran for VA examinations. Those examinations were completed in June and July 2021. 1. Entitlement to an initial compensable rating for scar, status-post coronary artery bypass surgery. The Veteran contends that he is entitled to a higher rating but has not made any specific assertions as to an increase in pain or stability of the scar. The Veteran's coronary artery bypass graft scar is rated under Diagnostic Code 7805 for other scars (including linear scars) and other effects of scars evaluated under Diagnostic Codes 7800, 7801, 7802, and 7804. The Board notes that VA amended the criteria for rating skin disabilities effective from August 13, 2018. Diagnostic Code 7805 instructs that any disabling effect(s) not considered in a rating provided under Diagnostic Codes 7800-04 under an appropriate Diagnostic Code. The Board finds that a 10 percent rating for the Veteran's scar under Diagnostic Code 7804 is warranted as he has complained of painful/pinching sensation. A higher rating is not warranted under this or another code as there are no other disabling effect(s) not considered in a rating provided under Diagnostic Codes 7800-04. The July 2021 VA examination showed the Veteran had a linear surgical scar midline to the anterior chest. The scar was 21cm long and .25cm wide. It covered approximately 5.25 square centimeters. It was well healed but on occasion he experienced itchiness and a pinching sensation. The July 2020 VA examination did not address the scar on appeal. Treatment records are devoid of any increase in symptoms or complaints related to the surgical scar. The Board has also considered the other Diagnostic Codes pertaining to scars. However, the Veteran's coronary artery bypass surgical scar is not of the head, face, or neck, is not deep and nonlinear, and is not associated with underlying soft tissue damage. Although it is superficial and not associated with underlying soft tissue damage, it does not cover an area or areas of 144 square inches or greater. Moreover, the Veteran's surgical scar is not unstable. Therefore, Diagnostic Codes 7800, 7801, and 7802, both prior to and from August 13, 2018, are inapplicable. The Veteran is competent to report observable symptoms, to include occasional itchiness and pinching sensation, and his reports are credible. Jandreau v. Nicholson, 492 F.3d 1372, 1377 (Fed. Cir. 2007). However, he does not assert, and records do not show, that the Veteran's scar is manifest by any disabling effect(s) not considered in a rating provided under Diagnostic Codes 7800-02. In conclusion, the Board finds that a 10 percent rating, and no higher, is warranted for the Veteran's coronary artery bypass surgical scar. REASONS FOR REMAND 1. Entitlement to a rating higher than 10 percent prior to June 22, 2017, and higher than 30 percent thereafter for service connected coronary artery disease is remanded. Regarding the claim of entitlement to an increased rating for coronary artery disease, the Board previously remanded the issue for an examination in December 2020. After the exam was completed, in a September 2021 rating decision, the AOJ increased the rating to 30 percent from June 22, 2017. However, a supplemental statement of the case has not been issued as the appeal has not been completely satisfied. A remand is required for the AOJ to issue a supplemental statement of the case. 38 C.F.R. § 20.200. The matters are REMANDED for the following action: 1. Send the Veteran and his representative a supplemental statement of the case that addresses the issue of increased rating for coronary artery disease. The issue should then be returned to the Board for further appellate consideration. H.M. WALKER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Price, Esq. 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.