Citation Nr: 21073160 Decision Date: 12/07/21 Archive Date: 12/07/21 DOCKET NO. 14-09 877 DATE: December 7, 2021 REMANDED Entitlement to an initial compensable rating for service-connected status post left lung sarcomatoid carcinoma removal with upper lope resection residual scar prior to June 10, 2016 is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy and Army from June 1984 to June 2011. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2012 rating decision of the Department of Veterans' Affairs (VA) Regional Office (RO) in Salt Lake City, Utah. Jurisdiction has since been transferred to the Montgomery, Alabama RO (Agency of Original Jurisdiction (AOJ)). This appeal was previously before the Board in August 2021, at which time it was remanded to afford the Veteran adequate due process. Specifically, the Board noted that as of the November 2017 rating decision, the Veteran was service-connected for three scars: painful scar anterior trunk due to upper lobe resection, rated 10 percent disabling, effective June 10, 2016; status post medi port placement residual scar, rated noncompensable, effective June 16, 2011; and status post sarcomatoid carcinoma removal with upper lobe resection residual scar, also rated noncompensable, effective June 16, 2011. In relevant part, following the November 2017 rating decision, the AOJ did not advise the Veteran of his right to appeal the grant of service connection for painful scar of the anterior trunk. Although the Veteran expressed interest in seeking an effective date earlier than June 10, 2016 for service connection of the painful scar of the anterior trunk, to date, he has not filed a formal Notice of Disagreement. Relevant to the present appeal, as the Rating Schedule incorporates the number of scars as pertinent information in assigning disability ratings for scars, the Board deferred consideration of the issue of entitlement to an initial compensable rating for his scar associated with the upper lobe resection and remanded the issue to provide appropriate notice to the Veteran of his right to appeal and allow him the opportunity to appeal the effective date of the award assigned for his painful scar of the anterior trunk. Upon remand, in August 2021, the AOJ notified the Veteran of his appellate rights pertaining to the November 2017 grant of service connection, in compliance with the Board's remand directives. Stegall v. West, 11 Vet. App. 268, 271 (1998). Unfortunately, adjudication of the appeal cannot commence as the intertwined issue of entitlement to an effective date earlier than June 2016 for the grant of service connection is still pending. Under the relevant statute, a claimant may initiate an appeal to the Board from an unfavorable decision by the Secretary by filing a notice of disagreement. 38 U.S.C. § 7105(a). The statute provides that the notice of disagreement "shall" be filed within one year of the mailing of notification of the unfavorable decision. 38 U.S.C. § 7105(b)(1). To that end, the Board notes that although service connection for painful scar anterior trunk due to upper lobe resection was granted by way of a November 2017 rating decision, the AOJ informed the Veteran of his appellate rights pertaining to that decision in August 2021. The Veteran has one year from the August 2021 notification to formally appeal the November 2017 rating decision. Accordingly, remand is required to determine the Veteran's wishes pertaining to the inextricably intertwined issue of entitlement to an effective date earlier than June 10, 2016 for the grant of service connection for painful scar anterior trunk due to upper lobe resection. The matters are REMANDED for the following action: Contact the Veteran and his representative to inquire whether the Veteran wishes to appeal the November 2017 rating decision, which granted service connection for painful scar, anterior trunk due to upper lobe resection, effective June 10, 2016. If the Veteran wishes to appeal the decision, encourage him to expedite the submission of his formal Notice of Disagreement, as the issue of entitlement to an initial compensable rating for service-connected scars prior to June 10, 2016 on appeal before the Board cannot be adjudicated until the issue of entitlement to an effective date earlier than June 10, 2016 for the grant of service connection for painful scar of the anterior trunk has been resolved. T. MAINELLI Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Orie, 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.