Citation Nr: 21009065
Decision Date: 02/18/21	Archive Date: 02/18/21

DOCKET NO. 14-09 877
DATE: February 18, 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 had various periods of active duty service 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 (hereinafter, Agency of Original Jurisdiction (AOJ)).  

This appeal was previously before the Board in March 2018, at which time it was remanded for additional development.  Notably, the Board acknowledged 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.   The Board also noted that the Veteran expressed interest in seeking entitlement to an earlier effective date for service connection of the painful scar of the anterior trunk.  Accordingly, 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 allow the Veteran the opportunity to appeal the effective date of the award assigned for his painful scar of the anterior trunk.

Upon remand, the AOJ did not advise the Veteran of his right to appeal the earlier effective date for the grant of service connection for painful scar of the anterior trunk.  As a result, remand is required for action consistent with the prior remand instructions.  Stegall v. West, 11 Vet. App. 268, 271 (1998).

The matters are REMANDED for the following action:

1. Advise the Veteran of his right to appeal the claim for entitlement to an effective date earlier than June 10, 2016 for the award of service connection for painful scar of the anterior trunk associated with the upper lobe resection residual obstructive lung disease.

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2. Upon completion of the above and expiration of the appeal period for the claim for entitlement to an effective date earlier than June 10, 2016 for the award of service connection for painful scar of the anterior trunk associated with the upper lobe resection residual obstructive lung disease, and any additional development deemed appropriate, the AOJ should readjudicate the remanded issue.  If any benefit sought on appeal remains denied, the Veteran and his representative should be provided with a supplemental statement of the case.  After an appropriate period of time is allowed for response, the appeal must be returned to the Board for appellate review.  

 

 

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.