Citation Nr: 21023809 Decision Date: 04/21/21 Archive Date: 04/21/21 DOCKET NO. 16-24 263 DATE: April 21, 2021 ORDER A compensable rating for left buttock scars prior to October 18, 2012, is denied. A 10 percent rating, but no more, for left buttock scars is granted since October 18, 2012, subject to the laws and regulations governing the payment of benefits. FINDINGS OF FACT 1. The Veteran had active service from December 1967 to May 1972; he has been rated at 100 percent disabled since November 2016. 2. Prior to October 18, 2012, the left buttock scars were characterized by subjective complaints of continued problems with his back and left buttock; objective findings included a single, stable, non-painful scar with an approximate total affected area of 5 square centimeters (sq. cm). 3. Since October 18, 2012, the left buttock scars have been characterized by subjective complaints of increased numbness and pain; objective medical findings include scars with numbness and tingling. CONCLUSIONS OF LAW 1. The criteria for a compensable rating for left buttock scars prior to October 18, 2012, have not been met. 38 U.S.C. §§ 1155, 5103(a), 5103A, 5107 (2012); 38 C.F.R. §§ 4.3, 4.7, 4.20, 4.59, 4.118, Diagnostic Codes (DCs) 7801-7805 (2020). 2. The criteria for a 10 percent rating, but no more, for left buttock scars since October 18, 2012, have been met. 38 U.S.C. §§ 1155, 5103(a), 5103A, 5107 (2012); 38 C.F.R. §§ 4.3, 4.7, 4.20, 4.59, 4.118, DCs 7801-7805 (2020). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS As a procedural matter, the Board remanded the claim on appeal for additional development in October 2018. The case has now been returned to the Board for further appellate action. Turning to the relevant laws and regulations, disability evaluations are determined by the application of a schedule of ratings which is based on average impairment of earning capacity. Generally, the degrees of disability specified are considered adequate to compensate for considerable loss of working time from exacerbations or illnesses proportionate to the severity of the several grades of disability. 38 C.F.R. § 4.1. Separate diagnostic codes identify the various disabilities. The Veteran’s left buttock scars have been rated under DC 7802 for superficial and non-linear scars not of the head, face, or neck. The Board will consider all relevant diagnostic codes. Under the relevant regulations, a compensable rating will be warranted when the evidence shows: • A deep and nonlinear scar not of the head, face, or neck due to burns or other causes that have an area or areas of at least 6 square inches, but less than 12 square inches (10 percent under DC 7801); • A superficial and nonlinear scar not of the head, face, or neck due to burns or other causes that have an area or areas of 144 square inches or greater (10 percent under DC 7802); or • One or two scars that are unstable or painful (10 percent under DC 7804). Prior to October 18, 2012 In an October 2011 statement, the Veteran indicated that he experienced an in-service injury in which he fell through a hatch, sliced open his left butt cheek and required six stitches. He said that since his injury, he had continuous problems with his back, to include his left buttock injury. Subsequently, an August 2012 VA examiner diagnosed a left buttock scar. The examiner found that the scar was not painful or unstable with frequent loss of covering of skin over the scar and determined that it was superficial and non-linear. The examiner noted that the scar had a total area of 5 sq. cm. and did not result in limitations of function or impact the Veteran’s ability to work. Clinical records do not reflect findings inconsistent with the VA examination. Based on the above, a compensable rating for a left buttock scar prior to October 18, 2012, is not warranted. In this regard, the examiner diagnosed a left buttock scar in an August 2012 VA examination; however, the scar was not painful or unstable and did not have a total area greater than 39 sq. cm. Accordingly, the medical evidence does not support a compensable rating prior to October 18, 2012. Since October 18, 2012 In an October 18, 2012 statement, the Veteran reported that his left buttock scar was painful to the touch and that there was a knot at the site of the scar. He explained that his scar got numb and became increasingly painful when he sat for extended periods of time. He is competent to report symptoms, to include pain, and describe observations because this requires only personal knowledge as it comes to him through his senses. As such, his October 2012 statement describing increased numbness and pain is credible. In a subsequent August 2019 VA examination, the examiner diagnosed two superficial left buttock scars. The examiner opined that the scars were the same since the outset and observed that it was characterized by numbness, tingling, and scarring. The examiner found that the scars were not painful, unstable with frequent loss of covering of skin over the scar, or due to burns. The length and width of the scars were each measured at 2.5 cm by 0.25 cm and the combined total affected area was 1.25 sq. cm. The examiner determined that the scars did not have any disabling effects. Resolving reasonable doubt in the Veteran’s favor, a 10 percent rating, but no more, is warranted for his left buttock scars. To this end, he described left buttock scars characterized by increased numbness and pain in his October 2012 lay statement. Accordingly, a 10 percent rating since October 18, 2012, is warranted. Nevertheless, the lay and medical evidence does not support a rating in excess of 10 percent since October 18, 2012. In this regard, the lay statements and private and VA medical treatment records failed to identify three or more unstable or painful scars. Further, as described above, his left buttock scars, at most, had a combined total affected area of 1.25 sq. cm. Therefore, a rating in excess of 10 percent for left buttock scars is not warranted. Consideration has been given to assigning staged ratings for the disability discussed above. However, at no time during the period in question has the disability in question warranted higher schedular ratings than those assigned. Hart v. Mansfield, 21 Vet. App. 505 (2007). Finally, the Veteran has not raised any other issues, nor have any other issues been reasonably raised by the record for the Board’s consideration. See Doucette v. Shulkin, 28 Vet. App. 366 (2017) (confirming that the Board is not required to   address issues unless they are specifically raised by the claimant or reasonably raised by the evidence of record). L. HOWELL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Spigelman, 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.