Citation Nr: 21006489 Decision Date: 02/04/21 Archive Date: 02/04/21 DOCKET NO. 17-44 111 DATE: February 4, 2021 ORDER A 10 percent rating, but no higher, for a right index finger scar as of January 30, 2016, is granted. REMANDED Service connection for bilateral foot pain is remanded. Service connection for a psychiatric disability, to include posttraumatic stress disorder (PTSD), depression, and/or anxiety, is remanded. FINDING OF FACT The Veteran’s right index finger scar is painful. CONCLUSION OF LAW The criteria for a 10 percent rating, but no higher, as of January 30, 2016, have been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. § 4.118 Diagnostic Code (DC) 7804. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from March 1984 to October 1986. In December 2020, the Veteran testified before the undersigned Veterans’ Law Judge; a copy of the transcript is a part of the record. The Veteran originally filed his claim for service connection for PTSD, depression, and anxiety. However, pursuant to the Clemons v. Shinseki, 23 Vet. App. 1 (2009), the Board has re-characterized the issue on appeal as entitlement to service connection for a psychiatric disability, to include PTSD, depression, and/or anxiety. This will provide the most potentially favorable review of the Veteran’s claim in keeping with the Court’s holding in Clemons. Increased Rating Disability ratings are determined by application of the criteria set forth in VA’s Schedule for Rating Disabilities, which is based on average impairment of earning capacity. 38 U.S.C. § 1155; 38 C.F.R. Part 4. When a question arises as to which of two ratings applies under a particular Diagnostic Code, the higher rating is assigned if the disability more closely approximates the criteria for the higher rating. Otherwise, the lower rating applies. 38 C.F.R. § 4.7. After careful consideration of the evidence, any reasonable doubt remaining is resolved in favor of the Veteran. 38 C.F.R. § 4.3. Right Index Finger Scar The Veteran’s right index finger scar is assigned a noncompensable (0%) rating under DC 7805. Though the Veteran’s VA examinations have not noted the Veteran reported that his scar is painful, the Veteran has submitted statements and testified that his scar is painful. See February 2017 Notice of Disagreement, August 2017 Form 9, and December 2020 hearing testimony. Furthermore, the VA examinations of record all report that the Veteran had numbness and tingling at his scar site. The Board finds that these symptoms are analogous to a painful scar site. Pursuant to DC 7804, a 10 percent rating is assignable for one or two scars that are unstable or painful. Resolving all reasonable doubt in favor of the Veteran, the Board finds that 10 percent rating for his right index finger scar is warranted since his January 30, 2016, grant of service connection. A higher rating under DC 7804 is not warranted. VA examinations have only identified one painful scar and higher ratings require more than one scar, which has not been shown by the evidence of record. The Board has considered other DCs; however, the medical evidence of record does not show that the Veteran’s right index finger scar meets the criteria for higher rating under DC 7800, 7801, and 7802. REASONS FOR REMAND Bilateral Foot Pain Mental Health Disorder Upon review of the record, the Board notes that no examinations of the claimed conditions have been afforded to the Veteran; remand is necessary as the low threshold for obtaining such examinations and medical opinions has been surpassed in this case. See 38 U.S.C. § 5103A(d); McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006). The matters are REMANDED for the following action: 1. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any diagnosed foot disorder. The claims file should be made available to the examiner for review. The examiner must opine, with rationale, whether it is at least as likely as not (50 percent or greater probability) that any such diagnosed disorder was incurred in, or due to, the Veteran’s service. The Veteran’s lay statements, including his February 2017 Notice of Disagreement, August 2017 Form 9, and December 2020 hearing testimony, regarding onset and continuity of symptomology should be recorded and considered. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any diagnosed mental health disorder, to include PTSD, depression, or anxiety. The claims file should be made available to the examiner for review. The examiner must opine, with rationale, whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s bilateral toe fungus was incurred in, or due to, the Veteran’s service. The Veteran’s lay statements, including his February 2017 Notice of Disagreement, August 2017 Form 9, and December 2020 hearing testimony, regarding onset and continuity of symptomology should be recorded and considered. JOHN Z. JONES Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Parrish, 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.