Citation Nr: 22018277
Decision Date: 03/28/22	Archive Date: 03/28/22

DOCKET NO. 18-34 744
DATE: March 28, 2022

REMANDED

Entitlement to a compensable rating for a lower intergluteal cleft scar is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Marine Corps from June 2013 to June 2017.

This matter comes before the Board of Veterans' Appeals (Board) from an October 2017 rating decision by the Agency of Original Jurisdiction (AOJ).

A Board hearing was held in November 2021.  A transcript is of record.  The record was held open for 30 days following the hearing to allow for submission of additional evidence, to include private treatment records.  The Veteran and her representative waived AOJ consideration of such evidence.  See Hearing Transcript at 5-6. 

Entitlement to a compensable rating for a lower intergluteal cleft scar.

The Veteran contends that her lower intergluteal cleft scar (hereinafter, scar) warrants a compensable rating. 

She testified that symptoms of her scar have worsened.  Specifically, she stated that it feels itchy and causes her discomfort and pain.  Additionally, she stated that it produces weeping and discharge, consistent with instability.  See Hearing Transcript at 3-4.  She further testified that she treats the scar with pain medication, to include Tylenol, Advil, Aleve; she treats it with gauzes and a hot bath.  See Hearing Transcript at 6, 8.  She stated that her physician is now recommending surgery.  Additionally, she testified that she experiences a combination of symptoms when sitting for prolonged periods and this impacts her ability to work as receptionist, which requires significant time spent sitting.  See Hearing Transcript at 11-13. 

The Board notes that the Veteran has not undertaken a VA scar examination since 2017, despite testimony that her symptoms have worsened since then.  For this reason, the Board finds that the last VA exam may not reflect the current severity of the Veteran's scar and a remand to obtain a contemporaneous examination to ascertain the current severity of her condition is necessary before the Board can adjudicate the claim.  See Caffrey v. Brown, 6 Vet. App. 377 (1994); Snuffer v. Gober, 10 Vet. App. 400 (1997).

Accordingly, the matter is REMANDED for the following action:

1. Obtain and associate with the record updated relevant VA and private treatment records.

2. Thereafter, schedule the Veteran for an examination with an appropriate clinician to determine the current severity of her scar disability.  The evidentiary record, including a copy of this remand, must be made available to and be reviewed by the examiner.  

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3. Then, readjudicate the Veteran's claim.  If the decision remains adverse to the Veteran, she and her representative should be furnished a supplemental statement of the case (SSOC) and afforded an appropriate period within which to respond thereto.

 

 

DONNIE R. HACHEY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Wilson, 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.