Citation Nr: 21073552 Decision Date: 12/09/21 Archive Date: 12/09/21 DOCKET NO. 17-10 990 DATE: December 9, 2021 REMANDED Entitlement to a higher disability rating greater than 10 percent for a service-connected painful linear surgical chest scar is remanded. REFERRED The issue of entitlement to service connection for nerve damage secondary to service-connected disabilities (pulmonary tuberculosis, status post right lung surgical biopsy with residual scar, and painful linear surgical chest scar) was raised in a February 2017 substantive appeal statement and is referred to the Agency of Original Jurisdiction (AOJ) for adjudication. REASONS FOR REMAND The Veteran had active service from October 1957 to March 1959. This case comes to the Board of Veterans' Appeals (Board) on appeal from a decision of the AOJ dated in June 2016, that in pertinent part, granted service connection and a right lung surgical biopsy scar. In a February 2017 rating decision, the AOJ granted a higher 10 percent rating for the service-connected scar, now characterized as painful linear scar, effective from the date of service connection. A hearing was held before the undersigned Veterans Law Judge in October 2021; a transcript of the hearing is of record. The Veteran was not present at this virtual hearing, but consented to the appearance of his representative at the hearing. The representative presented oral argument on his behalf. 1. Entitlement to a higher initial rating for service-connected painful linear surgical chest scar is remanded. The Veteran underwent a VA examination of his service-connected chest scar in April 2016. The Board finds that this examination is inadequate for rating purposes as the examiner did not measure the width of the service-connected scar. Moreover, there is a significant disparity between the scar length recorded at the April 2016 VA examination (53 centimeters) and the scar length reported in January 2016 by the Veteran's private physician, Dr. I. (70 centimeters). The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of his service-connected painful linear chest scar. Evidence indicates that there may be outstanding relevant VA treatment records. Any VA treatment records are within VA's constructive possession, and are considered potentially relevant to the issue on appeal. A remand is required to allow VA to obtain them. On remand, the AOJ should review all evidence associated with the file since the February 2017 statement of the case. The matters are REMANDED for the following action: 1. Obtain the Veteran's VA treatment records for the period from November 2018 to the present. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected painful linear surgical chest scar. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria. The examiner should be asked to identify all symptoms and manifestations of the service-connected painful linear surgical chest scar. S. L. Kennedy Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. L. Wasser, 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.