Scars decisions — 2008

The veteran's claim of service connection for insomnia, as a manifestation of his service-connected adjustment disorder, has been dismissed due to the overlap between the two conditions and the established compensation.

The veteran's appeals for service connection and higher ratings have been withdrawn. The Board has also found that the veteran sustained a fracture of his right fifth toe in service, which is now considered service-connected.

The Board has granted the veteran's motion to advance his case on the docket and found that new and material evidence had been received to reopen his claim of entitlement to service connection for prostate cancer. Service connection is established based on presumed exposure to herbicides during service in Korea, where he served near the DMZ. The veteran also has secondary service connection for urinary incontinence and scar tissue related to his prostate cancer. Memory loss is not addressed due to lack of examination.

The veteran's combined rating of 80 percent for service-connected disabilities (PTSD, IBS, and left knee issues) meets the criteria for a TDIU rating. The Board found that his PTSD alone prevents him from obtaining substantially gainful employment.

The veteran's service-connected disabilities do not render him unemployable, as he has not provided evidence that his conditions prevent him from securing and maintaining substantially gainful employment.

The veteran's status post pilonidal cyst removal, to include a scar, is painful on examination and warrants a disability rating of 10 percent but not higher.

The veteran's request for increased ratings was granted on December 8, 2003, and he was awarded a total disability rating based on individual unemployability (TDIU) effective that same day. The decision is based on the date of receipt of his claim rather than an earlier date due to the nature of the TDIU application.

The veteran's tracheostomy scar was rated at 10 percent, the highest available rating under current regulations. The Board found that the scar did not meet criteria for a higher rating as it was superficial and painful but without significant tissue loss or disfigurement.

The veteran's service-connected residuals of a fractured nose are rated at 10 percent effective August 30, 2004.,The veteran's service-connected scars above the right eye are rated at 10 percent effective August 30, 2004. The scars above the left eye do not meet the criteria for a compensable rating.

The veteran's service-connected disabilities do not preclude him from obtaining and retaining all forms of substantially gainful employment.

The veteran's chronic right knee sprain is rated at 20 percent, and his residual scarring of the right knee is also rated at 20 percent. Both conditions are considered direct service connection.

The Board has denied the veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities as his combined schedular rating is only 20 percent, which does not meet the criteria for TDIU.

The veteran's service-connected disabilities, including loss of use of the left foot and pes planus in both feet, render him unable to secure or follow a substantially gainful occupation.

The VA denied the veteran's claims for increased ratings for his service-connected left posterior neck scar, finding that the evidence did not meet the criteria for a compensable rating prior to February 6, 2007 and did not warrant an increase in disability rating after that date.

The veteran's claims for service connection for scalp lesions, allergies, prostatitis and benign prostatic hyperplasia, bilateral knee arthritis, and bilateral ankle arthritis are being remanded due to insufficient evidence.,Service connection is granted for scalp lesions (including folliculitis decalvans, lichen planopilaris, and scarring alopecia).

The Board has determined that the veteran's head injury residuals, including a scar and associated psychiatric disorders, are not service-connected due to his own willful misconduct.

The Board denied the veteran's claim for an effective date earlier than June 4, 1999 for a 10% rating for his service-connected scar, left upper neck. The evidence did not show a factually ascertainable increase in severity of the scar prior to that date.

The Board has determined that the veteran's claims of service connection for a jaw disability, scar on the right side of the chin with neuropathy, loss of teeth, and loss of feeling inside the mouth are not supported by evidence showing these conditions were incurred in or aggravated by active service.

The Board has determined that there is no competent medical evidence indicating a current disability related to cervical dysplasia treated by LEEP in service, and thus the claim for service connection for residuals of loop electrosurgical procedure (LEEP) for cervical dysplasia is denied.

The veteran's service-connected conditions do not meet the criteria for specially adapted housing or a special home adaptation grant due to his inability to use an electric scooter, walker, or cane as a normal mode of locomotion.