Citation Nr: 21031004 Decision Date: 05/20/21 Archive Date: 05/20/21 DOCKET NO. 16-35 852 DATE: May 20, 2021 ORDER An initial compensable disability rating for service-connected left ring finger scar is denied. FINDING OF FACT The Veteran's left ring finger scar is not painful or unstable, measures 1 square centimeter and does not cause limitation of motion. CONCLUSION OF LAW The criteria for an initial compensable disability rating for service-connected left ring finger scar have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.7, 4.31, 4.118, Diagnostic Code 7801-7805. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active duty service from August 1993 to August 2013. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2014 rating decision. The rating decision, in pertinent part, granted service connection for left ring finger injury status post tendon surgery with a noncompensable evaluation, and for left ring finger scar with a noncompensable evaluation. The Veteran appealed the ratings. In August 2019, the Board remanded both issues for due process and development reasons. Specifically, the issue of entitlement to an initial compensable disability rating for service-connected left ring finger scar was remanded for a VA examination and the issue of entitlement to a compensable rating for limitation of motion of left ring finger status post tendon surgery was remanded for the issuance of a statement of the case (SOC). See August 2019 Board Remand. The Regional Office (RO) issued a SOC in June 2020. However, the Veteran did not file a substantive appeal as to the issue. Therefore, no further action regarding this issue is warranted by the Board. Increased Rating Disability evaluations are determined by application of the VA Schedule for Rating Disabilities, which is based on average impairment of earning capacity. Separate diagnostic codes identify the various disabilities. 38 C.F.R. Part 4. Each disability must be viewed in relation to its history and there must be emphasis upon the limitation of activity imposed by the disabling condition. 38 C.F.R. § 4.1. Examination reports are to be interpreted in light of the whole recorded history, and each disability must be considered from the point of view of the appellant working or seeking work. 38 C.F.R. § 4.2. Where there is a question as to which of two disability evaluations shall be applied, the higher evaluation is to be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating is to be assigned. 38 C.F.R. § 4.7. Where entitlement to compensation has been established and a higher initial disability rating is at issue, the level of disability at the time entitlement arose is of primary concern. Consideration must also be given to a longitudinal picture of the veteran's disability to determine if the assignment of separate ratings for separate periods of time, a practice known as "staged" ratings, is warranted. See Fenderson v. West, 12 Vet. App. 119 (1999). Staged ratings are appropriate in any increased rating claim in which distinct time periods with different ratable symptoms can be identified. Hart v. Mansfield, 21 Vet. App. 505 (2007). In every instance where the schedule does not provide a zero percent rating for a diagnostic code, a zero percent rating will be assigned when the requirements for a compensable rating are not met. 38 C.F.R. § 4.31. Entitlement to an initial compensable disability rating for service-connected left ring finger scar The Veteran was awarded an initial noncompensable disability rating for service-connected left ring finger scar. See June 2014 Rating Decision. Diagnostic Code 7801 provides ratings for scars, other than the head, face, or neck, that are deep or that cause limited motion. Scars that are deep or that cause limited motion in an area or areas exceeding 6 square inches (39 sq. cm.) are rated 10 percent disabling. Scars in an area or areas exceeding 12 square inches (77 sq. cm.) are rated 20 percent disabling. Note (1) to Diagnostic Code 7801 provides that a deep scar is one associated with underlying soft tissue damage. 38 C.F.R. § 4.118. Diagnostic Code 7802 provides ratings for scars, other than the head, face, or neck, that are superficial or that do not cause limited motion. Superficial scars that do not cause limited motion, in an area or areas of 144 square inches (929 sq. cm.) or greater, are rated 10 percent disabling. Note (1) to Diagnostic Code 7802 provides that a superficial scar is one not associated with underlying soft tissue damage. Diagnostic Code 7804 provides a 10 percent rating for superficial unstable scars. Diagnostic Code 7804 provides that one or two scars that are unstable or painful are rated 10 percent disabling. Three or more scars that are unstable or painful are rated 20 percent disabling. Note (1) to Diagnostic Code 7804 provides that an unstable scar is one where, for any reason, there is frequent loss of covering of skin over the scar. Note (2) provides that if one or more scars are both unstable and painful, add 10 percent to the evaluation that is based on the total number of unstable or painful scars. Note (3) provides that scars evaluated under Diagnostic Codes 7800, 7801, 7802, or 7805 may also receive an evaluation under this Diagnostic Code, when applicable. 38 C.F.R. § 4.118. Diagnostic Code 7805 provides that any other scars (including linear scars) and other disabling effects of scars should be evaluated even if not considered in a rating provided under Diagnostic Codes 7800-04 under an appropriate Diagnostic Code. 38 C.F.R. § 4.118 The Veteran was provided a VA examination in April 2013. The examiner documented that the Veteran's scar was not painful and not unstable. It also did not cause functional loss. See April 2013 VA examination. However, in his January 2015 notice of disagreement (NOD), the Veteran reported that his scar was painful, that he had lost sensation in the fingertip, and that his grip was affected as he was unable to make a fist with his left ring finger. See January 2015 NOD. The Veteran underwent another VA hand and finger examination in October 2015. However, there were no documented findings for the Veteran's finger scar. See October 2015 VA examination. In his July 2016 VA Form 9, substantive appeal, the Veteran reported that the pain in his left ring finger increased with use and with exposure to the cold. See July 2016 VA Form 9. Because the most recent VA examination did not document the Veteran's scar symptoms, another VA examination was performed in September 2019 to determine the current nature and severity of the disability. At that time, the VA examiner diagnosed a linear left-hand finger injury residual scar. The scar was located on the trunk or extremities other than the head, face or neck. Specifically, the scar was located on the left-hand ring finger as a result of cutting on glass while taking the garage out. The examiner indicated that the injury had healed with no issues but left a scar. The scar was not described as painful or unstable and not the result of burns. Located on the left upper extremity, the scar measured 5 centimeters length and .2 centimeters wide. The examiner indicated there was no resulting tissue damage and no functional impact of the scar on the Veteran's ability to work. See September 2019 VA examination. After reviewing the evidence, the Board finds that an increased rating is not warranted for the Veteran's single left ring finger scar. His scar is not painful or unstable so a compensable disability rating under Diagnostic Code 7804 is not warranted. Furthermore, the scar measures less than 1 square centimeter so a compensable rating under Diagnostic Code 7801 or 7802 have not been met or approximated. In so finding, the Board acknowledges the Veteran's contention that his scar is painful to the touch and that the pain increases when exposed to cold weather. See August 2019 Appellate Brief. The Veteran is competent to report symptoms such as pain because this requires only personal knowledge, not medical expertise, as it comes to him through his senses. See Layno v. Brown, 6 Vet. App. 465, 469 (1994). Lay testimony is competent to establish the presence of observable symptomatology, where the determination is not medical in nature and is capable of lay observation. Barr v. Nicholson, 21 Vet. App. 303, 311 (2007). However, following his reports of pain, the Veteran was specifically afforded an opportunity to have another VA examination to evaluate the current nature and severity of his scar. The examination, once again, did not document pain. The lack of reports of pain upon examination renders the Veteran's lay contentions of pain in connection with his claim not credible. Accordingly, a compensable disability rating for service-connected left ring finger scar is denied. A. ISHIZAWAR Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Churchwell, 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.