Scars decisions — 2010

The Board has determined that the Veteran's scarring and numbness from her cesarean section are standard residuals of the surgery, not a complication or medical condition resulting from pregnancy. Therefore, service connection for these conditions is denied.

The Veteran's claim for TDIU was granted effective October 13, 2005, based on his combined service-connected disability rating of 80 percent from that date.

The Veteran's combined disability rating meets the threshold for a TDIU, and his service-connected disabilities render him unable to maintain substantially gainful employment. The claim for residuals of a CVA is dismissed.

The Veteran's initial ratings for various conditions have been granted and assigned. The effective dates are not specified.

The Veteran's right foot bunion does not warrant a compensable rating.,The Veteran's left foot bunionectomy residuals are currently rated as 10% disabling, which is the maximum schedular rating available for this condition.

The Board has granted the Veteran's claim for service connection for bilateral eye disability, diagnosed as suspected traumatic glaucoma; loss of vision greater in the right eye than the left eye due to a history of suspected posterior uveitis and optic neuritis; and chorioretinal scars and pigmentary changes.

The Veteran's claim for service connection for residuals of a head injury, including scars, headaches, and a seizure disorder is being remanded due to the need for additional development.

The Veteran's hypertension and residual scar, status post removal of tumor, left proximal tibia have been granted initial compensable ratings.

The Board found that the Veteran's right eye cataract is not related to military service or a service-connected disability, and denied his claim for a compensable evaluation for his shrapnel wound injury, right eye. The small linear scar from the in-service injury was noted but did not affect visual acuity.

The Board granted service connection for cognitive impairment, migraine headaches, and scarring of the left upper forehead due to head trauma based on newly submitted information from deck logs that identified a specific incident in 1954. The effective dates are set at the date of receipt of the application to reopen.

The Board has determined that the Veteran's bilateral claw toe deformity with hallux valgus warrants a 50 percent rating based on marked contraction of plantar fascia, dropped forefoot, and other disabling manifestations.

The Veteran's service-connected disabilities, consisting of myositis of the posterior cervical muscles and left hand scar, do not meet the percentage standards set forth in 38 C.F.R. § 4.16(a) for a TDIU on a schedular basis. However, his case is referred to the Director of Compensation and Pension Service for consideration of an extra-schedular evaluation under 38 C.F.R. § 4.16(b).

The Veteran's service-connected eczematous rash with lichenification, bilateral lower legs is rated at 10 percent. The residual scars of the right eyebrow are not disfiguring and thus do not warrant a higher rating. Bilateral hearing loss does not meet criteria for compensable evaluation. The status post right tenth rib fracture has been granted a 10 percent rating effective March 1, 2006. The Veteran's service-connected degenerative joint disease of the lumbar spine is rated at 20 percent. Headaches have been assigned a 30 percent rating as of July 9, 2009.

The Veteran's initial compensable rating for a scar, left cornea, is granted effective May 12, 2008.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the impact of his service-connected disabilities on his ability to engage in gainful employment. The case will be adjudicated again after this development.

The Veteran's multiple corneal scars and traumatic cataract in the left eye have resulted in only light perception with corrected vision of 20/20 in the right eye, which is currently rated as 30 percent disabling.

The Board found that the Veteran's anxiety and depression did not have its onset in service, but her multiple cysts of the arms and legs were incurred during service. The gynecologic disorder (claimed as miscarriages resulting in hysterectomy) was not shown to be related to service. Bilateral shin splints and bilateral stress fractures and a disability of the right Achilles tendon were also not found to have their onset in service.

The Veteran's appeal is denied as his service-connected scars on the dorsum of the left hand and on the right wrist over the distal radius do not meet the criteria for a compensable rating under the applicable VA rating schedule.

The Veteran's claims for increased ratings for bilateral hearing loss, right knee disability, and scars from gunshot wound are denied as his conditions do not warrant the higher evaluations sought.

The Board has reopened the claim for service connection for a back disability and found that new and material evidence had been presented. The Veteran's scar on left side of his neck was not present in service or for many years thereafter, and is not etiologically related to service. The criteria for a compensable evaluation for an umbilical hernia have not been met.