13-15 085
13-15 085
| Board of Vet. App. | Jun 15, 2017Background
- Veteran served on active duty 1967–1969 and had coronary artery bypass graft (CABG) surgery (four‑vessel) with resultant midline and chest scars.
- Initial service connection granted; Veteran sought an increased rating for the CABG scars (appeal from April 2011 RO decision).
- VA examinations: June 2011 (well‑healed midline sternal scar; sternal discomfort with deep palpation) and January 2017 (documented four scars totaling 34.9 sq. cm; one scar painful but not unstable; functional limitation carrying items that touch chest).
- Current rating: 10% under 38 C.F.R. § 4.118, Diagnostic Code 7804 (one or two painful/unstable scars).
- Board remanded for development in 2016; subsequent exam and file review completed; Board finds substantial compliance and that duty to assist satisfied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Veteran is entitled to >10% for CABG scar | Veteran argues scar-related pain and functional impairment justify a higher rating (area/instability/additional effects) | VA contends record shows only one painful (not unstable) scar, total area 34.9 sq. cm, no additional disabling effects | Denied — evidence shows one painful but not unstable scar, total area below thresholds for higher DCs; 10% affirmed |
Key Cases Cited
- Hartman v. Nicholson, 483 F.3d 1311 (Fed. Cir.) (notice under 5103(a) not required after service connection is granted)
- Dunlap v. Nicholson, 21 Vet. App. 112 (Vet. App.) (same principle regarding 5103(a) notice)
- D'Aries v. Peake, 22 Vet. App. 97 (Vet. App.) (only substantial compliance with Board remand required)
- Stegall v. West, 11 Vet. App. 268 (Vet. App.) (remand compliance principle)
- Bernard v. Brown, 4 Vet. App. 384 (Vet. App.) (appellate review may proceed when development is complete)
- Gonzales v. West, 218 F.3d 1378 (Fed. Cir.) (Board need not discuss every piece of evidence; focus on what is necessary to substantiate claim)
- Timberlake v. Gober, 14 Vet. App. 122 (Vet. App.) (scope of Board's discussion of evidence)
- Schafrath v. Derwinski, 1 Vet. App. 589 (Vet. App.) (evaluation of functional impairment under rating schedule)