Citation Nr: 21030750 Decision Date: 05/19/21 Archive Date: 05/19/21 DOCKET NO. 19-34 453 DATE: May 19, 2021 REMANDED A disability rating in excess of 30 percent for scalp folliculitis (acne) with keloid formation is remanded. An initial disability rating in excess of 30 percent for all scars from head to toe is remanded. An initial compensable disability rating for all linear scars from head to toe is remanded. An initial disability rating in excess of 10 percent for scars of the anterior trunk region, cholecystectomy with scar, is remanded. An effective date prior to October 8, 2014 for the assignment of a 30 percent disability rating for scalp folliculitis (acne) with keloid formation is remanded. An effective date prior to October 8, 2014 for the grant of service connection for all scars from head to toe is remanded. An effective date prior to October 8, 2014 for the grant of service connection for all linear scars from head to toe is remanded. An effective date prior to October 8, 2014 for the grant of service connection for scars of the anterior trunk region, cholecystectomy with scar, is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1976 to September 1996. The Veteran's claims were most recently before the Board of Veterans Appeals (Board) in March 2020 wherein the Board granted an initial disability rating of 10 percent for scars of the anterior trunk region but denied all other requested relief by the Veteran. Thereafter, the Veteran appealed that denial to the United States Court of Appeals for Veterans Claims (Court). In January 2021, through a Joint Motion for Partial Remand (JMPR), the Veteran's claims were remanded to the Board for action consistent with the JMPR. The claims have now returned to the Board. The Veteran's claim comes to the Board under the Legacy Review system. The Veteran has several claims pending under the Appeals Modernization Act (AMA) review system and the Board does not have jurisdiction of those claims: April 2020 Form 10182 (increased ratings and earlier effective dates for back and right shoulder disabilities); and July 2020 Form 10182 (entitlement to a total disability rating based on individual unemployability (TDIU)). As part of the JMPR, the Veteran's claims were remanded for the fulfillment of a Freedom of Information Act (FOIA) request. This request has since been fulfilled. (Another FOIA request is pending from August 2020 related to the Veteran's claim for service connection for a left shoulder condition which has since been denied even though the FOIA request was not completed prior to the denial). The Board will proceed to address the other basis for remand from the JMPR. 1. A disability rating in excess of 30 percent for scalp folliculitis (acne) with keloid formation is remanded. 2. An initial disability rating in excess of 30 percent for all scars from head to toe is remanded. 3. An initial compensable disability rating for all linear scars from head to toe is remanded. 4. An initial disability rating in excess of 10 percent for scars of the anterior trunk region, cholecystectomy with scar, is remanded. 5. An effective date prior to October 8, 2014 for the assignment of a 30 percent disability rating for scalp folliculitis (acne) with keloid formation is remanded. 6. An effective date prior to October 8, 2014 for the grant of service connection for all scars from head to toe is remanded. 7. An effective date prior to October 8, 2014 for the grant of service connection for all linear scars from head to toe is remanded. 8. An effective date prior to October 8, 2014 for the grant of service connection for scars of the anterior trunk region, cholecystectomy with scar, is remanded. As identified in the JMPR, the Veteran was afforded a VA examination in March 2020. However, this was not reviewed by the agency of original jurisdiction (AOJ) such that a supplemental statement of the case (SSOC) was issued, nor was a waiver of review submitted. Thus, a SSOC should have been provided. 38 C.F.R. § 20.1305(c). The Board notes that the claims for an earlier effective date would not be affected by such initial review; however, they were included in the JMPR and the Board will not address those claims until the SSOC is issued. Since the Board's decision, additional information has been associated with the record and a waiver has still not been submitted by the Veteran and/or his representative. Therefore, a remand of the above issues is required for initial review by the AOJ and issuance of an SSOC. The matters are REMANDED for the following action: Issue a SSOC as to the following issues: a disability rating in excess of 30 percent for scalp folliculitis (acne) with keloid formation; an initial disability rating in excess of 30 percent for all scars from head to toe; an initial compensable disability rating for all linear scars from head to toe; an initial disability rating in excess of 10 percent for scars of the anterior trunk region, cholecystectomy with scar; an effective date prior to October 8, 2014 for the assignment of a 30 percent disability rating for scalp folliculitis (acne) with keloid formation; an effective date prior to October 8, 2014 for the grant of service connection for all scars from head to toe; an effective date prior to October 8, 2014 for the grant of service connection for all linear scars from head to toe; an effective date prior to October 8, 2014 for the grant of service connection for scars of the anterior trunk region, cholecystectomy with scar. Thereafter, recertify the claims to the Board for review. Joshua Castillo Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board I. M. Hitchcock 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.