BVA9504488 DOCKET NO. 92-18 455 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Boston, Massachusetts THE ISSUE Entitlement to a compensable disability evaluation for residuals of a shell fragment wound to the chin. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD R. J. Rolfsen, Jr., Counsel INTRODUCTION The veteran served on active duty from February 1943 to November 1945. This appeal stems from a September 1991 decision of the Boston, Massachusetts, Department of Veterans Affairs (VA) Regional Office (RO). The Board of Veterans' Appeals (Board) remanded the case in August 1994 for evidentiary development. The requested development has been completed and the case is now ready for further appellate review. The veteran has stated that even though the service medical records reflect that he sustained a shell fragment wound to the chin, the primary injury from this shell fragment wound was to the back of his head and neck, thus implying a claim for service connection for said residuals. Service connection for residuals of a neck wound was denied by the RO in December 1994. This issue is not before the Board for appellate review. CONTENTIONS OF APPELLANT ON APPEAL The veteran has made no specific contentions regarding the residuals of a shell fragment wound of the chin. DECISION OF THE BOARD The Board, in accordance with the provisions of 38 U.S.C.A. § 7104 (West 1991), has reviewed and considered all of the evidence and material of record in the veteran's claims file. Based on its review of the relevant evidence in this matter, and for the following reasons and bases, it is the decision of the Board that the veteran has not met the initial burden of submitting evidence sufficient to justify a belief by a fair and impartial individual that his claim is well grounded. FINDING OF FACT There is not a reasonable probability of a valid claim concerning whether the veteran has a moderately disfiguring scar or other residuals of a shell fragment wound to the chin. CONCLUSION OF LAW A well-grounded claim concerning whether a compensable disability evaluation for residuals of a shell fragment wound to the chin is warranted has not been submitted. 38 U.S.C.A. §§ 1155, 5107 (West 1991); 38 C.F.R. § Part 4, Code 7800 (1993). REASONS AND BASES FOR FINDING AND CONCLUSION A review of the service medical records reveals that the veteran sustained a nonpenetrating shrapnel wound to the left side of the chin in January 1944. The wound was treated at the dispensary; there was no indication that the wound required sutures. The wound was treated with a sulfa dressing. The veteran was returned to duty the same day. The November 1945 separation examination was negative for reference to any pertinent abnormalities. By rating decision in May 1950 service connection was established for residuals of a shell fragment wound to the chin and a disability evaluation of noncompensable was assigned. Disability evaluations are based upon the average impairment of earning capacity resulting from a disability. 38 U.S.C.A. § 1155. The veteran's residuals of a shell fragment wound to the chin are currently evaluated as noncompensably disabling under the provisions of 38 C.F.R. § Part 4, Code 7800. This evaluation contemplates slightly disfiguring scars of the head, face or neck. In order to be entitled to a compensable disability evaluation, the veteran must demonstrate moderately disfiguring scars of the head, face or neck. Also, 38 U.S.C.A. § 5107 provides that a person who submits a claim for benefits under a law administered by the Secretary shall have the burden of submitting evidence sufficient to justify a belief by a fair and impartial individual that the claim is well grounded. The veteran has made no contentions concerning his request for a compensable disability evaluation for residuals of a shell fragment wound to the chin. In fact, at a May 1992 personal hearing held at the RO, he testified that he never sustained a shell fragment wound to the chin. Thus, since it is neither contended nor shown that the veteran has a moderately disfiguring scar or other residuals of the inservice shell fragment wound of the chin, the Board finds that the veteran has not met the initial burden of submitting evidence sufficient to justify a belief by a fair and impartial individual that his claim is well grounded. See Magena v. Brown, U.S. Vet. App. 93-556 (Dec. 14, 1994). Thus, since the Board does not have jurisdiction to adjudicate his claim, his appeal is dismissed. See Boeck v. Brown, 6 Vet.App. 14 (1993). The Board notes that the August 1994 remand found the case well grounded; however, that finding was limited to the issue of entitlement to service connection for an acquired psychiatric disability, to include post-traumatic stress disorder, as evidenced by the statement in the last paragraph of the remand that action on the veteran's claim for an increased disability evaluation for residuals of a shell fragment wound to the chin was deferred pending the aforementioned development. ORDER A well-grounded claim for entitlement to a compensable disability evaluation for residuals of a shell fragment wound to the chin has not been submitted; the case is dismissed. WAYNE M. BRAEUER Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West 1991), a decision of the Board of Veterans' Appeals granting less than the complete benefit, or benefits, sought on appeal is appealable to the United States Court of Veterans Appeals within 120 days from the date of mailing of notice of the decision, provided that a Notice of Disagreement concerning an issue which was before the Board was filed with the agency of original jurisdiction on or after November 18, 1988. Veterans' Judicial Review Act, Pub. L. No. 100-687, § 402 (1988). The date which appears on the face of this decision constitutes the date of mailing and the copy of this decision which you have received is your notice of the action taken on your appeal by the Board of Veterans' Appeals.