Scars decisions — 2008

The veteran's claims for increased evaluations and service connection have been denied. The Board found that the evidence did not meet the criteria for a higher evaluation or service connection.

The Board has granted a 20 percent evaluation for the service-connected lumbar spine disability, effective from February 24, 2003 to November 23, 2005. The veteran's condition is characterized by pain on motion and findings that more closely reflect a moderate limitation of motion but not severe enough to result in abnormal gait or spinal contour.

The Board found no evidence of a lumbar spine disability during service or for many years thereafter, and denied the veteran's claim for service connection. The VA examination reports showed that the scars on his left hand were painful but did not cause limitation of motion.

The Board has determined that the veteran's service-connected scars and pilonidal cysts warrant separate 10 percent ratings each, as they are shown to be unstable and tender.

The Board denied the veteran's claims for increased ratings for his left knee conditions and hearing loss of the right ear. The veteran was not granted a higher rating for his residual scarring or shrapnel wound residuals, as there was no evidence showing deep scars or limited motion exceeding 12 square inches. His claim for service connection for hearing loss of the right ear was denied due to lack of current evidence and because he had already been denied service connection for this condition in a prior decision.

The Board found that the veteran's erectile dysfunction is currently rated at 20 percent and denied a higher rating. The burn scars are also rated, but no compensable rating was assigned.

The veteran's pilonidal cyst, superficial and unstable scars of the lower back and posterior neck, and hidradenitis of the left axilla are all rated at 10 percent each. The veteran is granted an increased rating to 30 percent for his pilonidal cyst.

The VA denied the veteran's claim for an increased rating for his service-connected scar of the lower lip, finding that it did not meet the criteria for a compensable evaluation.

The Board found that the veteran's abdominal scar is a result of his service, but denied service connection for an organic stomach disorder as there was no evidence showing it was related to his military service.

The Board has remanded the case for additional development due to missing service records from the Alaska Army National Guard.

The VA denied an increased rating for the veteran's scar of the left thigh, finding that the condition is deep and well-healed with no functional limitations.

The veteran's paresthesia associated with scars of the face is currently rated at 30 percent, and his separate initial rating for scars of the upper left lip, left forehead, left temple, and nose remains at 10 percent. The Board has jurisdiction over both issues as part of his increased rating claim.

The veteran's claims for increased ratings have been denied as the evidence does not support a higher rating for his scar, left ankle limitation of motion, or right knee degenerative joint disease.

The veteran's disabilities do not meet the criteria for a permanent and total disability rating for pension purposes due to his age, education, and occupational history.

The veteran's claims for increased disability ratings were denied. The RO found that the scars of his face, forehead and neck did not meet the criteria for a higher rating under Diagnostic Code 7800. For the severed flexor tendons, right (dominant) second and third fingers, the RO determined they did not warrant a higher rating under Diagnostic Codes 5219 or 5152-5156. The neuropathy of his left axillary nerve was rated as 30 percent disabling since March 26, 2008, but denied prior to that date. The third degree burn scars were not found to meet the criteria for a higher rating under Diagnostic Code 7800. Finally, the scarring of his right thigh did not warrant a compensable disability evaluation.

The veteran's unemployability is a result of functional impairment due solely to his service-connected disabilities, and the Board has granted entitlement to TDIU.

The veteran's right knee disability, which included a total right knee arthroplasty, was granted an increased rating of 30 percent effective July 1, 2007. The RO also granted increased ratings for his left knee scars and post-traumatic arthritis of the left knee.

The veteran's claims for service connection for various conditions, including right leg thrombophlebitis and bilateral hearing loss, were denied. The veteran was granted service connection for retropatellar pain syndrome of the left and right knees with a 10% rating each, tinnitus with a 10% rating, and GERD with a non-compensable rating effective October 1, 2004.

The VA determined that the veteran's post-surgical keloid scars of the chest do not warrant a rating higher than 10 percent since January 1, 2004.