Multiple Scar Question

[luckytrouble]

I have 2 scars, one is on my neck and another on my face. They are from 2 seperate and different operations. The VA has rated them together as 10%. Should they be rated seperately because they were from different operations or is this considered "pyramiding"? Thanks for any insight or advice.

[Berta]

This veteran received 30% for facial scars:

http://www.va.gov/vetapp05/files1/0501422.txt

Although the CUE claim had no merit- it shows that facial scars have a different rating criteria than other types of scars.

Also this claim shows how the 7800 Diagnostic code is used to determine percentage for facial scars.

http://www.va.gov/vetapp06/files3/0618568.txt

You said VA rated them together-

did they say that one was non-compensable and the other was 10% or did they combine 2 10% ratings?

Edited September 1, 2007 by Berta

[luckytrouble]

The rating decision just reads "the scars on the neck and mouth area are rated at 10%" I had to appeal to get that rating, since the scar on my neck is very large. I thought that they would each have seperate ratings (10% and 0%) since they were from seperate operations. I don't know what to do next? Can I appeal an appeal? I really just want them to be rated seperatly since they were from different operations--is there an easier way to get them to review it without appealing the entire case again? Thanks for your help and information!

[Berta]

I assume that this decision came within the year and you have appeal rights to NOD it?

You could, instead file a Reconsideration Request and ask them to reconsider the 10% for both scars and send them any evidence at all (and PHOTOS) that support these 2 scars should be independently rated as to the criteria for scars in the regs (disfiguring, size of, lack of full healing, painful etc etc-)

Make sure they used the correct diagnostic code and study those BVA cases and any others you find as to how to show independent ratings are warranted.

I have a local vet with an enormous painful scar due to a VA surgical problem.He filed Section 1151 claim.

We attached to the claim(and also I made letterheads of-for subsequent VA correspondence) a 4 x 6 photo of his stomach where the scar is and looks just awful and is about a foot in diameter from the surgery screw up.Looks like he got shot instead of a VA operation.

But watch the year for the NOD and dont let that slip away because a reconsideration request does not alter the NOD appeal timeframe.

It could go a little faster-as a reconsideration-but then again maybe not-

I filed reconsideration request in June 2006 and they are still playing around with this claim-- so I had to file the NOD for this the last week of June-

even though they had told me a decision was pending on the reconsideration request.

Edited September 2, 2007 by Berta

[luckytrouble]

Thank you for your insight. I think I will first request a reconsideration since this is already the result of the first appeal to the DRO, and go from there. In the write up, they seem to associate both scars with 1 operation, when in fact, they were seperate operations--hopefully they see it that way too ;) .

To answer your question, yes the decision just came back--only after 15 months from submission of the appeal. So I will put the paperwork in the mail first thing tomorrow and mark 1 year from this date to ensure I don't miss the year to file the disagreement paperwork. Thanks again for your help, I appreciate it!