Burn Scars And VA Disability Benefits - The Veterans Law Office (2024)

What Are Burns?

Burns are a type of tissue damage that results from heat, overexposure to the sun or other radiation, or chemical or electrical contact. There are three main degrees of burns that can occur:

  • First degree burns – This type of burn affects only the outer layer of skin and may cause redness and pain.
  • Second degree burns – This type of burn affects both the outer layer of skin and the second layer of skin. It may cause swelling and red, white, or splotchy skin. Blisters can develop depending on the severity of the burn, and pain can be severe. Deep second-degree burns can cause scarring.
  • Third degree burns – This is the most severe type of burn because it reaches the fat layer beneath the skin. Burned areas can appear brown, black, or white. Third degree burns can destroy nerves, causing numbness, and can cause the affected area of skin to develop a leathery appearance.

Military service exposes soldiers to many situations that could lead to a burn injury. Some of those situations include handling electrical equipment, being close to explosions, or working in areas of high radiation. Veterans who have a burn injury that was a result of their time in the service qualify for VA disability compensation. In 2019, second degree burns and scarring were the sixth most common service connected disability among new compensation recipients.

How The VA Rates Burns And Scars Of The Head, Face, And Neck

Under 38 CFR § 4.118, the VA evaluates burns of the head, face, and neck depending on their severity and how many features of the veterans face are disfigured due to the burns.

Diagnostic Code 7800: Burn scar(s) of the head, face, or neck; scar(s) of the head, face, or neck due to other causes; or other disfigurement of the head, face, or neck:

  • 80 – With visible or palpable tissue loss and either gross distortion or asymmetry of three or more features or paired sets of features (nose, chin, forehead, eyes (including eyelids), ears (auricles), cheeks, lips), or; with six or more characteristics of disfigurement
  • 50 – With visible or palpable tissue loss and either gross distortion or asymmetry of two features or paired sets of features (nose, chin, forehead, eyes (including eyelids), ears (auricles), cheeks, lips), or; with four or five characteristics of disfigurement
  • 30 – With visible or palpable tissue loss and either gross distortion or asymmetry of one feature or paired set of features (nose, chin, forehead, eyes (including eyelids), ears (auricles), cheeks, lips), or; with two or three characteristics of disfigurement
  • 10 – With one characteristic of disfigurement

The VA will evaluate all other disabling effects associated with burn scars such as pain, instability, and residuals of associated muscle or nerve injury, under the appropriate diagnostic code(s) and apply § 4.25 to combine the evaluation(s) with the evaluation assigned under the above diagnostic code. The characteristic(s) of disfigurement may be caused by one scar or by multiple scars, and the characteristic(s) required to assign a particular evaluation need not be caused by a single scar in order to assign that evaluation. For the purposes of evaluation under 38 CFR § 4.118, the eight characteristics of disfigurement are:

  • Scar 5 or more inches (13 or more cm.) in length.
  • Scar at least one-quarter inch (0.6 cm.) wide at widest part.
  • Surface contour of scar elevated or depressed on palpation.
  • Scar adherent to underlying tissue.
  • Skin hypo-or hyper-pigmented in an area exceeding six square inches (39 sq. cm.).
  • Skin texture abnormal (irregular, atrophic, shiny, scaly, etc.) in an area exceeding six square inches (39 sq. cm.).
  • Underlying soft tissue missing in an area exceeding six square inches (39 sq. cm.).
  • Skin indurated and inflexible in an area exceeding six square inches (39 sq. cm.).

How The VA Rates Burns And Scars Of The Body

Under 38 CFR § 4.118, the VA evaluates burns of the body depending on their severity and how much of the body they cover.

Diagnostic Code 7801: Burn scar(s) or scar(s) due to other causes, not of the head, face, or neck, that are associated with underlying soft tissue damage.

  • 40 – Area or areas of 144 square inches (929 sq. cm.) or greater
  • 30 – Area or areas of at least 72 square inches (465 sq. cm.) but less than 144 square inches (929 sq. cm.)
  • 20 – Area or areas of at least 12 square inches (77 sq. cm.) but less than 72 square inches (465 sq. cm.)
  • 10 – Area or areas of at least 6 square inches (39 sq. cm.) but less than 12 square inches (77 sq. cm.)

Diagnostic Code 7802: Burn scar(s) or scar(s) due to other causes, not of the head, face, or neck, that are not associated with underlying soft tissue damage.

  • 10 – Area or areas of 144 square inches (929 sq. cm.) or greater

For the purposes of diagnostic codes 7801 and 7802, the six zones of the body are defined as each extremity, the anterior trunk, and the posterior trunk. The midaxillary line divides the anterior trunk from the posterior trunk. The VA may assign a separate evaluation for each affected zone of the body under this diagnostic code if there are multiple scars, or a single scar, affecting multiple zones of the body. The VA will combine the separate evaluations under 38 CFR § 4.25. Alternatively, if a higher evaluation would result from adding the areas affected from multiple zones of the body, the VA will assign a single evaluation under diagnostic code 7801 or 7802.

Getting Help With Your Bodily Burns and Scarring VA Claim

If you are a veteran who needs help getting service connection for burns you sustained while in the military, or would like assistance appealing an unfavorable VA rating decision regarding your burns, please contact our office today for a free case evaluation. Our experienced veterans disability attorneys are ready to help you get the compensation to which you are entitled.

Burn Scars And VA Disability Benefits - The Veterans Law Office (2024)
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