Scar Exam

[JT24usn]

C&p examiner asked if my scar was painful/tender. I tell him that I can't wear a belt because it hurts and regular fitting clothes irritate the scar and make it painful. C&p examiner says it doesn't hurt in exam. I appealed the decision, but it is his word against mine. Any suggestions

[JT24usn]

T8r - I'm noticing something. I ran your numbers 20+10+10 and according to the Combined Ratings Table, here, at Hadit.com, you should be receiving 40%. According to the chart the combination equals 35%, which always rounds up, which would make it 40%. You may want to check the VA's chart, to confirm.

I have another thread regarding the percentage issue. 7328 20% and 7318 10% cannot be combined or inclusive. 38 cfr 4.114. No pyramiding. So, I am asking them to reevaluate at the next higher evaluation due to overall disability of the digestive system under 4.114. Believe me, I thought the same thing when I Fantis percentages the first time. Thanks.

pr

PS - I just checked 38 CFR 4.25, at the GPO, and I am correct. You should be being paid at the 40% rate. If you are not being paid at the 40% rate, presently, then you should contact your VARO, explain the error, and have the amount corrected to whenever you were awarded 20+10+10 combined percentages.

And you owe me a cup of coffee, sometime! jmo

pr

[carlie]

C&p examiner asked if my scar was painful/tender. I tell him that I can't wear a belt because it hurts and regular fitting clothes irritate the scar and make it painful. C&p examiner says it doesn't hurt in exam. I appealed the decision, but it is his word against mine. Any suggestions

T8r,

BVA decisions do not set precedent but you can refer to some of the info

and regs in the claim below to help support your argument for compensation

of the SC'd scar/s.

http://www.va.gov/ve...es6/1047434.txt

All versions of Diagnostic Code 7800 pertinent to this claim

require involvement of the head, face, or neck, which is not at

issue here. All versions of Diagnostic Code 7801 require

involvement of at least 12 square inches (77 sq. cm), which is

not the case here. Although the prior version of Diagnostic Code

7802 allows for separate ratings for widely separated areas, all

versions of that code require involvement of an area or areas of

144 square inches (1 sq ft.) (929 sq. cm.), which is not the case

here. The current version of the rating schedule does not

include Diagnostic Code 7803. The prior version of Diagnostic

Code 7803 applies to scars that are unstable, which is not the

case here.

Under the former version of Diagnostic Code 7804, in effect prior

to October 23, 2008, for a compensable rating under Diagnostic

Code 7804, a scar must be painful on examination. This at least

implies an objective standard. A 10 percent rating is the only

compensable rating under that version of the rating schedule.

The current version of Diagnostic Code 7804 applies to scars that

are unstable or painful. There is no stated requirement of

demonstrating pain on examination. Where there are five or more

scars that are unstable or painful, a 30 percent rating is

warranted. Where there are three or four scars that are unstable

or painful, a 20 percent rating is warranted. In the case of one

or two scars that are unstable or painful, a 10 percent rating is

warranted.

Here, the Board finds that the criteria for a 10 percent rating

under either version of Diagnostic Code 7804 are met. The

Veteran has stated that he experiences occasional pain about the

scar. He is competent to report his symptoms, and there is no

reason to doubt his credibility. The fact that such pain is

occasional does not appear to disqualify him from a compensable

rating. Moreover, under the former version of the rating

schedule, while the criteria call for notation of pain on

examination, the Veteran reported occasional pain to the

examiner. The examiner did not find any tenderness at the time,

but this is consistent with the Veteran's account of occasional

pain. As such symptomatology was noted on the examination

report, the Board finds that the criteria for a 10 percent rating

are also met under the former version of the rating schedule.

However, a rating higher than 10 percent is not provided under

the former version of Diagnostic Code 7804. Under the current

version, there is no assertion on the part of the Veteran, and no

evidence otherwise, that would suggest more than one or two

scars. The November 2006 examiner noted only one scar. As such,

a rating higher than 10 percent is not warranted.

[JT24usn]

T8r,

BVA decisions do not set precedent but you can refer to some of the info

and regs in the claim below to help support your argument for compensation

of the SC'd scar/s.

http://www.va.gov/ve...es6/1047434.txt

All versions of Diagnostic Code 7800 pertinent to this claim

require involvement of the head, face, or neck, which is not at

issue here. All versions of Diagnostic Code 7801 require

involvement of at least 12 square inches (77 sq. cm), which is

not the case here. Although the prior version of Diagnostic Code

7802 allows for separate ratings for widely separated areas, all

versions of that code require involvement of an area or areas of

144 square inches (1 sq ft.) (929 sq. cm.), which is not the case

here. The current version of the rating schedule does not

include Diagnostic Code 7803. The prior version of Diagnostic

Code 7803 applies to scars that are unstable, which is not the

case here.

Under the former version of Diagnostic Code 7804, in effect prior

to October 23, 2008, for a compensable rating under Diagnostic

Code 7804, a scar must be painful on examination. This at least

implies an objective standard. A 10 percent rating is the only

compensable rating under that version of the rating schedule.

The current version of Diagnostic Code 7804 applies to scars that

are unstable or painful. There is no stated requirement of

demonstrating pain on examination. Where there are five or more

scars that are unstable or painful, a 30 percent rating is

warranted. Where there are three or four scars that are unstable

or painful, a 20 percent rating is warranted. In the case of one

or two scars that are unstable or painful, a 10 percent rating is

warranted.

Here, the Board finds that the criteria for a 10 percent rating

under either version of Diagnostic Code 7804 are met. The

Veteran has stated that he experiences occasional pain about the

scar. He is competent to report his symptoms, and there is no

reason to doubt his credibility. The fact that such pain is

occasional does not appear to disqualify him from a compensable

rating. Moreover, under the former version of the rating

schedule, while the criteria call for notation of pain on

examination, the Veteran reported occasional pain to the

examiner. The examiner did not find any tenderness at the time,

but this is consistent with the Veteran's account of occasional

pain. As such symptomatology was noted on the examination

report, the Board finds that the criteria for a 10 percent rating

are also met under the former version of the rating schedule.

However, a rating higher than 10 percent is not provided under

the former version of Diagnostic Code 7804. Under the current

version, there is no assertion on the part of the Veteran, and no

evidence otherwise, that would suggest more than one or two

scars. The November 2006 examiner noted only one scar. As such,

a rating higher than 10 percent is not warranted.

THank you for the website. It definitely will help my claim for my scar for Meckel's (7328). They told me it would be done laproscopic. Wake up in the hospital with a 4-5 inch scar about an inch wide (got an infection and had to take out the staples). Thanks again!

[Philip Rogers]

Shoot, there goes my cup-a-joe, for now! ;-) I'll see if I can do some more research, on it.

pr