Citation Nr: 22008065 Decision Date: 02/11/22 Archive Date: 02/11/22 DOCKET NO. 20-14 754 DATE: February 11, 2022 ORDER Entitlement to an initial compensable disability rating for right leg scars is denied. REMANDED Entitlement to service connection for right shin dermatitis is remanded. Entitlement to service connection for left leg rashes is remanded. FINDING OF FACT The Veteran's right leg scars were smaller than 6 square inches (39 sq. cm.), were not unstable or painful, and otherwise did not impair function at any time during the pendency of the appeal. CONCLUSION OF LAW The criteria for entitlement to an initial compensable disability rating for service-connected right leg scars have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1, 4.3, 4.10, 4.27, 4.118, Diagnostics Code (DC) 7805. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from April 1978 to December 1990. Entitlement to an initial compensable disability rating for right leg scars The Veteran seeks an increased evaluation for his service-connected right leg scars. The Board finds that higher ratings are not warranted, and the claim is denied. In the September 2018 rating action on appeal, service connection was granted and an initial noncompensable rating was assigned under 38 C.F.R. § 4.118, DC 7805, effective February 12, 2018. Diagnostic Code 7805 directs that any other disabling effects of a scar not described in Code 7802 or 7804, are to be evaluated under an appropriate Diagnostic Code. Under Diagnostic Code 7801, scars, other than the head, face, or neck, 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 that are deep or that cause limited motion in an area or areas exceeding 12 square inches (77 sq. cm.) are rated 20 percent disabling. Scars that are deep or that cause limited motion in an area or areas exceeding 72 square inches (465 sq. cm.) are rated 30 percent disabling. Scars that are deep or that cause limited motion in an area or areas exceeding 144 square inches (929 sq.cm.) are rated 40 percent disabling. Under Diagnostic Code 7802, scars, other than the head, face, or neck, that are superficial and nonlinear that are of an area or areas of 144 square inches (929 square centimeters) or greater warrant a 10 percent disability rating. A superficial scar is not one associated with underlying soft tissue damage. See Note (1). Diagnostic Code 7804 provides that unstable or painful scars are rated as follows: 10 percent for one or two scars; 20 percent for three or four scars; and 30 percent for five or more scars. 38 C.F.R. § 4.118. The Veteran was afforded a VA examination in August 2018 to evaluate the severity of his scars. As part of that evaluation, the examiner noted the presence of three scars on the Veteran's right leg. The three scars measured 8 centimeters by 3 centimeters, 3 centimeters by 1 centimeter, and 2 centimeters by 1 centimeter. The examiner found that the scars were not unstable or painful, did not have a total area equal to or greater than 39 square centimeters, and was not located on the head, face or neck. A review of the Veteran's medical records shows no other evaluation for his service-connected surgical knee scars. The Board finds that no point during the appeal period were the Veteran's right leg scars found to measure an area exceeding 6 square inches (39 sq. cm.). The scars were also never found to be unstable or painful, and they did not result in any functional limitations. The Veteran himself has not provided any lay assertions that his scars have caused him any functional limitations. Accordingly, the Board finds that a compensable rating is not warranted for the Veteran's right leg scars. REASONS FOR REMAND 1. Entitlement to service connection for right shin dermatitis is remanded. 2. Entitlement to service connection for left leg rashes is remanded. The Veteran contends that he experienced intermittent bouts of skin rashes to his legs since active duty service. He has variously attributed the cause of these rashes to the boots he was issued during service, as well as diabetes that was not yet formally diagnosed during service. Service connection has since been granted for diabetes. He has also attributed his right leg dermatitis to his service-connected scar disability. See February 2020 VA Form 9. The claims are remanded to obtain an adequate medical opinion. On VA examination in August 2018, the diagnosis was "residual dermatitis right shin." However, the examination is inadequate to adjudicate the claims because the examiner failed to address whether the Veteran was diagnosed with any skin condition to the left leg consistent with his reports of intermittent skin rashes since service. Further, the examiner failed to provide any nexus opinions addressing whether the diagnosed right shin residual dermatitis or any left lower extremity skin condition was related to service or to the now service-connected diabetes. The matters are REMANDED for the following action: 1. Obtain any outstanding VA treatment records dated since December 2020 and associate them with the Veteran's claims folder. 2. After completion of the above, schedule the Veteran for a VA examination to determine the nature and etiology of his claimed bilateral leg rash disabilities. Copies of all pertinent records must be made available to the examiner. The examiner should then answer the following questions: (a) Identify all diagnoses related to the Veteran's claimed bilateral leg rash disabilities. The examiner is also asked to document the history of the Veteran's claimed conditions based on the Veteran's reports of experiencing intermittent rashes since service and the medical evidence of record. (b) Is it at least as likely as not (50 percent or greater probability) that any diagnosed skin disability, to include residual dermatitis of the right shin, either had its onset in or is otherwise related to the Veteran's active duty service? (c) Is it at least as likely as not (50 percent or greater probability) that the Veteran's diagnosed residual dermatitis of the right shin or any other diagnosed skin disability of the right leg was (i) caused by the service-connected right leg scar or diabetes or (ii) aggravated (meaning any increase in disability) by the Veteran's service-connected right leg scars or diabetes? A complete rationale should be provided for any opinion. If the examiner cannot provide an opinion without resort to speculation, the examiner should provide an explanation as to why this is so and note what, if any, evidence would permit such an opinion to be made. 3. Confirm that the VA medical opinion provided comports with this remand, specifically that the standard for the secondary aggravation opinion is any increase in disability, not the standard of beyond the natural progression as noted on the examination form itself. If not, get an addendum. M. E. Larkin Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Komperda, 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.