Scars decisions — 2010

The Veteran's intercostal nerve entrapment neuralgia status post partial nephrectomy and scar status post nephrectomy and JP drain removal are currently rated at the maximum allowable under VA regulations. The Board finds no basis to grant a higher initial disability rating for either condition.

The Veteran's service-connected disabilities render him unable to secure and follow substantially gainful employment, warranting a total disability rating based on individual unemployability.

The Veteran withdrew his appeal regarding the issue of service connection for granulomatous scarring on the lungs, secondary to surgeries for service-connected disabilities.

The Veteran's appeal is being remanded for further development, including a VA examination to assess the severity of his service-connected appendectomy scar.

The Veteran's service-connected scar is rated at 10 percent, the maximum available under current regulations. The Board finds that the evidence does not support an increase in this rating.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine his employability due to service-connected disabilities.

The Veteran's claim for an initial compensable evaluation for residual scarring of the right thigh is being remanded due to inadequate examination and potential discomfort with a female examiner.

The Veteran's service-connected residuals, partial gastrectomy with scar resulted in moderate symptoms including episodic abdominal pain, nausea, bowel urgency and diarrhea. The Board found that the disability did not warrant a rating higher than 40 percent.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and development of records. The issues include bilateral hearing loss, tinnitus, right shoulder disability, low back disability, right knee disability, left knee disability, left eye disability (post-surgical scar), and an acquired psychiatric disorder (PTSD).

The Veteran's right eye disability, characterized by photophobia and corneal scar, has been rated at 10 percent since July 1992. The Board found that the evidence does not support a higher rating as his symptoms do not preclude him from working or driving during any time of day.

The Board has determined that the Veteran is entitled to service connection for a left hand condition, specifically, a left hand scar. There is medical evidence of a current left hand scar, lay evidence of in-service occurrence of an injury, and competent evidence of a nexus between the claimed in-service injury and the current left hand scar.

The Board has determined that the Veteran's bilateral hearing loss is etiologically related to active duty service and grants service connection for this condition.

The Board found that there is no evidence of a chronic disability manifested by bilateral shin splints during service and the Veteran's current symptoms are not related to his service-connected conditions. The left lower leg burn scar was rated at 10 percent based on its superficial nature and pain.

The Board found that the Veteran does not have current residuals of scarlet fever and denied service connection for both scarlet fever and atrial fibrillation, including as secondary to scarlet fever. The VA doctor reviewed the file and concluded that the Veteran's atrial fibrillation is not related to his scarlet fever.

The Board has denied the Veteran's claims for earlier effective dates for increased evaluations of his service-connected multiple injuries of the right upper extremity and scarring of the right neck, finding that there is no factually ascertainable increase in disability within one year prior to May 24, 2004.

The Veteran's service-connected pseudofolliculitis barbae and scars related to lipoma removal have been granted, with a rating of 30 percent effective September 29, 2006.

The Veteran's service-connected disabilities preclude substantially gainful employment, and the Board finds that he is entitled to a TDIU.

The Veteran's service-connected scars of the 4th and 5th fingers of the left hand are rated as 10 percent disabling, while his scar on the left calf with adhesion of the deep muscle is also rated at 10 percent. The Board has determined that these ratings are not appropriate based on the current evidence.

The Veteran's service-connected disabilities prior to July 2005 did not meet the minimum schedular criteria for a total disability rating based on individual unemployability.

The Veteran's service-connected scars of the chest and upper abdomen are currently rated at 10 percent, which is the maximum schedular rating available under VA's rating schedule. The Board finds that a higher rating is not warranted based on the evidence of record.