BVA9505741 DOCKET NO. 93-09 501 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Los Angeles, California THE ISSUES 1. Entitlement to an increased (compensable) evaluation for residuals of left inguinal hernioplasty. 2. Entitlement for increased (compensable) evaluation for postoperative plantar wart on the right foot. 3. Entitlement to an evaluation of 10 percent under the provisions of 38 C.F.R. § 3.324 (1994). REPRESENTATION Appellant represented by: Military Order of the Purple Heart WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Lori J. Wells-Green, Associate Counsel INTRODUCTION The veteran served on active duty from January 1955 to January 1959, and from February 1959 to September 1970. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a December 1991 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Los Angeles, California. A hearing was held in April 1993 before the Board member rendering the final determination in this case. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends, in essence, that he is entitled to compensable ratings for his service-connected residuals of left inguinal hernioplasty and postoperative residuals of a right foot plantar wart, as both disabilities interfere with his ability to work as a truck driver. 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 preponderance of the evidence is against the veteran's claims for increased (compensable) evaluations for his residuals of left inguinal hernioplasty and postoperative plantar wart on the right foot. It is further the decision of the Board that the evidence supports a 10 percent evaluation pursuant to the provisions of 38 C.F.R. § 3.324. FINDINGS OF FACT 1. All relevant evidence necessary for an equitable disposition of the veteran's appeal has been obtained by the RO. 2. The veteran's postoperative residuals of left inguinal hernioplasty do not include recurrence. 3. The veteran's postoperative plantar wart does not significantly impede functioning of his right foot. 4. The veteran's multiple service-connected, noncompensable disabilities are of such character as to clearly interfere with his employability. CONCLUSIONS OF LAW 1. The criteria for a compensable evaluation for residuals of left inguinal hernioplasty have not been met. 38 U.S.C.A. §§ 1155, 5107 (West 1991); 38 C.F.R. §§ 4.7, 4.114, Diagnostic Code 7338 (1994). 2. The criteria for a compensable evaluation for postoperative plantar wart on the right foot have not been met. 38 U.S.C.A. §§ 1155, 5107 (West 1991); 38 C.F.R. §§ 4.7, 4.118, Diagnostic Codes 5284, 7819-7805 (1994). 3. The criteria for a 10 percent evaluation based on multiple, noncompensable service-connected disabilities have been met. 38 C.F.R. § 3.324. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Board has found the veteran's claims for compensable evaluations to be well grounded within the meaning of 38 U.S.C.A. § 5107(a). That is, the Board finds that he has presented claims that are plausible. The Board is also satisfied that all relevant facts have been properly developed with respect to these issues and that no further assistance to the veteran is required to comply with the duty to assist mandated by statute. In accordance with 38 C.F.R. §§ 4.1, 4.2, 4.41 and 4.42 and Schafrath v. Derwinski, 1 Vet.App. 589 (1991), the Board has reviewed the service medical records and all other evidence of record pertaining to the history of the veteran's service- connected disabilities. The Board has found nothing in the historical record which would lead it to conclude that the current evidence of record is not adequate for rating purposes. Moreover, the Board is of the opinion that this case presents no evidentiary considerations which would warrant an exposition of the remote clinical histories and findings pertaining to the veteran's service-connected residuals of left inguinal hernioplasty and postoperative plantar wart on the right foot. A July 1992 VA examination report shows that the veteran complained of problems with his right leg and foot and stated that it affected his ability to drive. The examiner noted that the veteran had had bilateral inguinal hernia, as well as umbilical hernia repairs. His left inguinal hernia was repaired in 1963, while he was still in service. The veteran complained of epigastric burning and stated that recent studies showed evidence of a hiatal hernia. The examiner noted no objective findings regarding a left hernia. The physician who examined the veteran's right foot noted history of a plantar wart since 1959. The examiner found verrucous yellow hyperkeratotic plaque on the veteran's right sole, and at the right medial aspect of the foot. The diagnosis was verruca versus callus of the right sole. At his April 1993 travel board hearing, the veteran testified that both his disabilities affected his ability to work. He stated that he experienced numbness and a pulling sensation in his side when he tied down cargo on his truck or put tarp over the cargo. He testified that he had the pulling sensation all the time; however, he admitted that the hernia had not recurred since his operation and he only felt slight pain when he coughed. The veteran further testified that the wart on the bottom of his foot caused sharp pain when he put pressure on it for long periods of time. He described the wart as feeling like a pea in the center of the ball of his foot. The veteran stated that, when he stepped on the wart, it caused excruciating pain which felt like a tootheache. He testified that the wart caused pain that radiated into his leg when he pushed on the accelerator pedal in his truck. He further testified that he would have to drive for as long as twelve hours a day. He indicated that he took care of the wart by frequently soaking his foot and filing down the wart as often as six to seven times a month. The veteran last saw a physician to have the wart removed in either 1973 or 1976, but stated that he loses work whenever he goes to the doctor and preferred to take care of the wart himself. Disability ratings are determined by applying the criteria set forth in the VA Schedule for Rating Disabilities (Rating Schedule), and these ratings are based, as far as practicable, upon the average impairment of earning capacity in civil occupations. 38 U.S.C.A. § 1155. Service connection is in effect for residuals of left inguinal hernioplasty, which is rated under the provisions of 38 C.F.R. § 4.114, Diagnostic Code 7338. That code provides a 10 percent evaluation for a recurrent postoperative hernia that is readily reducible and well supported by truss or belt. A 30 percent rating is warranted if there is a small, postoperative recurrent hernia or unoperated irremediable hernia that is not well supported by truss or is not readily reducible. The July 1992 VA medical examination revealed that there were no objective residuals of the veteran's left inguinal hernioplasty. Further, the veteran, himself, testified at the April 1993 travel board hearing that the hernia had not recurred. Thus, the Board finds that the preponderance of the evidence is clearly against a compensable rating under Diagnostic Code 7338. The provisions of 38 C.F.R. §§ 4.7 and 4.40 were considered in reaching this decision, but for the reasons discussed above it has been concluded that the currently assigned rating is appropriate. Service connection is also in effect for postoperative plantar wart on the right foot, which is rated under the provisions of 38 C.F.R. § 4.118, Diagnostic Code 7819-7805. That code rates benign new growths of skin as scars, according to the limitation of function of the affected body part. Moreover, under Diagnostic Code 5284, compensation demands moderate disability owing to foot trauma. The evidence of record does not show that the veteran has any functional loss attributable to his plantar wart. The July 1992 VA examination identified no functional disability of the foot. Therefore, the Board finds that the veteran does not meet the schedular criteria, discussed above, for a 10 percent rating. The provisions of 38 C.F.R. §§ 4.7 and 4.40 were also considered in reaching this decision. We now turn to 38 C.F.R. § 3.324. Under this provision, VA is authorized to apply a 10 percent evaluation where a veteran has two or more noncompensable, permanent service-connected disabilities that clearly interfere with normal employability. In addition to the service-connected disabilities discussed above, the veteran is also service-connected for postoperative residuals of a umbilical hernia at a noncompensable rate. Credible testimony indicates that the veteran does experience a pulling sensation when he attempts to secure cargo on his truck and experiences severe pain that radiates into his leg when he pushes the accelerator pedal with his right foot. In addition, the veteran misses work whenever he seeks treatment for removal of the recurring plantar wart on his right foot. The Board finds that these facts, when considered with the doctrine of reasonable doubt, demonstrate that the veteran's service-connected disabilities clearly interfere with his employability, and an evaluation of 10 percent is warranted under 38 C.F.R. § 3.324. ORDER A compensable evaluation for residuals of a left inguinal herniorrhaphy is denied. A compensable evaluation for postoperative plantar wart on the right foot is denied. Entitlement to a 10 percent evaluation under the provisions of 38 C.F.R. § 3.324 is granted, subject to the laws and regulations governing the payment of monetary benefits. J. J. SCHULE 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.