Citation Nr: 22017105
Decision Date: 03/24/22	Archive Date: 03/24/22

DOCKET NO. 16-33 007
DATE: March 24, 2022

REMANDED

Entitlement to a disability rating in excess of 10 percent for residual scar from bilateral ovarian cyst removal is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1980 to November 1983. She testified at a hearing before the undersigned in February 2019; a transcript of the hearing is associated with the record. This matter was most recently remanded in November 2020. Unfortunately, there has not been substantial compliance with the Board's previous remand directive and another remand is required. Stegall v. West, 11 Vet. App. 268, 271 (1998).

The March 2021 VA opinion is inadequate. In the prior remand, the examiner was specifically directed to ask the Veteran about her report that the scar is painful when she is drying after a shower and when her clothes contract the scar and that the scar breaks open causing her to apply antibiotic ointment. The March 2021 examiner noted pain on the scar from examination but noted the Veteran did not have an unstable scar with frequent loss of covering of skin over the scar. There is no indication that the examiner considered the specific questions posed by the Board. As a result, the matter is remanded for another examination.

The matters are REMANDED for the following action:

1. Schedule the Veteran for the appropriate VA examination to assess the severity of her service-connected residual scar from a bilateral ovarian cyst removal. Copies of all pertinent medical records should be made available to the examiner for review. All necessary diagnostic testing should be performed using the appropriate DBQ if available.

The examiner MUST specifically ask the Veteran about her report that the scar is painful when she is drying after a shower and when her clothes contact the scar and that the scar breaks open causing her to apply antibiotic ointment. The examiner must discuss the Veteran's response in the examination report. 

2. Confirm that the VA medical opinion provided comports with this remand, specifically that the examiner considered the Veteran's testimony. If not, get an addendum.

 

 

M.E. Larkin

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Jarman, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.