Citation Nr: 21022508 Decision Date: 04/16/21 Archive Date: 04/16/21 DOCKET NO. 16-16 015 DATE: April 16, 2021 ORDER A rating in excess of 10 percent for the service-connected left first rib removal is denied. FINDING OF FACT The Veteran has not had more than one left rib removed. CONCLUSION OF LAW The criteria for a rating in excess of 10 percent for the service-connected left first rib removal have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 3.321, 4.1, Diagnostic Code (DC) 5297. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from June 1977 to June 1977. In March 2019, the Veteran testified at a hearing before the undersigned Veterans Law Judge (VLJ). A transcript of the hearing is of record. In August 2019 and January 2021, the Board of Veterans’ Appeals (Board) remanded the Veteran’s appeal for further evidentiary development. On the most recent Board remand, a VA examiner concluded that the notation of the rib as having been “resectioned” in the relevant treatment record was actually noting that it had been fully “removed.” Thus, the issue on appeal has been recharacterized as above to better reflect both the facts and the Veteran’s contentions. Increased Rating – Left First Rib Removal Disability ratings are determined by applying the criteria set forth in the VA’s Schedule for Rating Disabilities, which is based on the average impairment of earning capacity resulting from disability. Separate DCs identify the various disabilities. 38 U.S.C. § 1155; 38 C.F.R. § 4.1. If two ratings are potentially applicable, the higher rating will be assigned if the disability picture more nearly approximates the criteria for the higher rating. Otherwise, the lower rating will be assigned. 38 C.F.R. § 4.7. Any reasonable doubt regarding the degree of disability will be resolved in favor of the Veteran. 38 C.F.R. § 4.3. A veteran’s entire history is to be considered when assigning disability ratings. 38 C.F.R. § 4.1; Schafrath v. Derwinski, 1 Vet. App. 589 (1995). The Board will consider entitlement to staged ratings to compensate for times since filing the claim when the disability may have been more severe than at other times during the course of the claim on appeal. Fenderson v. West, 12 Vet. App. 119 (1999); Hart v. Mansfield, 21 Vet. App. 505 (2007). The Veteran’s service-connected left rib disability has been rated as 10 percent disabling throughout the period on appeal, pursuant to DC 5297. Under DC 5297, a 10 percent rating is warranted for removal of one rib or the resection of two or more ribs without regeneration. A 20 percent rating is warranted for removal of two ribs under this DC. In this case, the facts are undisputed that the Veteran only had one left rib removed. The Veteran, himself, has not asserted otherwise, and the medical evidence confirms the removal of only one left rib. Because a rating in excess of 10 percent for the Veteran’s service-connected left rib condition would require a full additional rib to have been removed, and such has not been done, a higher rating is not warranted in this case. As such, a rating in excess of 10 percent for the service-connected left first rib removal is not warranted, and the claim is denied. THERESA M. CATINO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Davidoski, Associate 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.