BVA9501700 DOCKET NO. 93-06 331 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Reno, Nevada THE ISSUE Entitlement to an increased (compensable) evaluation for multiple superficial stab wounds. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD T. Hal Smith, Counsel INTRODUCTION The veteran served on active duty from July 1988 to November 1991. This appeal arises from a January 1992 rating determinations of the Department of Veterans Affairs (VA) Regional Office (RO) in Reno, Nevada, which, in pertinent part, granted service connection for the stab wound residuals and assigned a noncompensable rating therefor. While numerous other issues were appealed from the rating determination in January 1992, the veteran's substantive appeal in April 1992 specifically indicated that he disagreed only with the denial of service connection for a right knee disorder and the denial of a compensable evaluation for his multiple scars. A December 1992 rating decision granted service connection for the right knee disability. As a result, the only issue properly before the Board was the issue stated on the title page of this decision. The Board has noted that the VA Form 1-8, Certification of Appeal, lists other issues, but none of these is sufficiently developed for appellate review. In a February 1993 statement, the veteran reported that he had undergone additional right knee surgery in February 1993 at a VA facility. He requested that he be granted a temporary total rating as he expected to be off work for approximately six months. In addition, he opined that his right knee warranted an increased rating of 40 percent. The issues of entitlement to a temporary total rating under the provisions of 38 C.F.R. 4.30 (1993), for convalescence following right knee surgery in February 1993, and an increased evaluation for his service- connected right knee disorder have not been certified or developed for appellate consideration. Thus, they are referred to the RO for such further action as is deemed appropriate. REMAND Under 38 C.F.R. Part 4, Diagnostic Code 7804, a 10 percent rating is warranted for superficial scars which are tender and painful on objective demonstration. In this case, when the veteran underwent VA scar examination in 1992, eight scars were shown on the back, left flank, right arm, left forearm and right thigh. It was noted that there was "Tenderness on palpation", but it was not specified which scars this term applied to. Where the evidence is insufficient to rate a disability, further examination is in order. Accordingly, the case is REMANDED for the following action: 1. The veteran should be asked by the RO to submit any current medical records which are pertinent to the rating involved for the scar residuals. 2. The veteran should again under go VA scar examination for the purpose of determining which scars are tender and painful or otherwise symptomatic on objective demonstration. The claims file must be made available for review prior to the examination. When this development is completed, the claim should be reviewed by the RO. If the benefits sought are not granted, the veteran and his representative should be furnished with a supplemental statement of the case, and given an opportunity to respond thereto. The case should then be returned to the Board for final appellate consideration. (CONTINUED ON NEXT PAGE) NANCY I. PHILLIPS 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. Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Veterans Appeals. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (1993).