Scars decisions — 2009

The Veteran's service-connected back scars are rated at 10 percent, and a separate rating of 10 percent is granted for secondary pruritis. The ratings for the right arm and left arm scars remain non-compensable.

The Veteran's claim for increased ratings and service connection were denied. The Veteran was not granted any new or material evidence to reopen his claims, nor did he meet the criteria for an increased rating under the applicable diagnostic codes.

The Veteran's claims for residual scarring from right shoulder arthroscopic surgery, histoplasmosis with lung tissue scarring, and osteoarthritis of the left hand were denied as there is no evidence of these conditions during his service or at any point thereafter.

The Veteran's claim for an earlier effective date for a 10 percent rating for his service-connected scar of the right eyebrow and upper eyelid was denied by the Board. The effective date could not be set prior to October 3, 2006 due to lack of evidence showing the condition was symptomatic before that date.

The Board has granted service connection for fistulotomy residuals and a fistulotomy scar, but denied the claim for hearing loss. The Veteran is entitled to an initial noncompensable disability rating for his fistulotomy residuals.

The Veteran's service connection claim for coronary artery disease, gallstones, pancreatitis, cholecystectomy, diabetes mellitus, scars, and gastroesophageal reflux disease is granted. The issue of service connection for hemorrhoids has been withdrawn.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims of service connection for post-traumatic stress disorder, immune disorder, sinus disorder, and post-operative benign neck mass residuals including scars. The Veteran's claim for a compensable disability evaluation for acne vulgaris of the face, the neck, and shoulders and right forearm nummular eczema remains pending.

The Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment, and the Board finds that his TDIU claim is granted.

The Board has determined that the Veteran's low back disability and scar of the back did not have their onset during active service or result from disease or injury in service. The claims for service connection are therefore denied.

The Veteran's service-connected disabilities render him unemployable, and the Board grants a TDIU based on this.

The Board denied the Veteran's request to reopen his claim for service connection for a lumbar spine disorder and also denied his request for an increased disability rating for his left hand dorsum scars.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected residuals of recurrent DFSP and associated scarring, as he has alleged worsening in these conditions since his last examination.

The Veteran's right heel scar and laceration with damage to the Achilles tendon insert are currently rated at 10 percent each, but he is seeking higher ratings.

The Veteran's initial claim for an evaluation of his left lateral epicondyle scar was denied, and the Board found no evidence to support a compensable rating under applicable diagnostic codes. The case also addressed whether new and material evidence had been submitted to reopen his claim for service connection for a schizophreniform disorder (claimed as a nervous condition), but did not reach this issue due to the denial of the initial evaluation claim.

The Veteran's claim for service connection is being remanded due to the need for additional development, including a VA examination and medical opinion regarding the etiology of all claimed conditions.

The Veteran's claims for service connection for neck scars and migraine headaches were denied, while his claims for right knee and left knee disabilities were granted with initial non-compensable disability ratings.

The Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation.

The Board denied the Veteran's claims for service connection for right eye vision loss and left eye disability, including myopic astigmatism, macular scar with sclerotic cataracts. The decision found that there was no evidence of a nexus between these conditions and service.

The Veteran's claim for a higher rating and earlier effective date for the scar on his right hand was granted, with the effective date set at March 10, 2006.

The Veteran's right knee degenerative joint disease is currently rated as 10 percent disabling, and his post-operative scar is also rated at 10 percent. The Board finds that the evidence does not support a higher evaluation for either condition.