Scars decisions — 2010

The Board denied a rating in excess of 10 percent for the Veteran's right lung disability and also found that a separate rating for surgical scars was not warranted.

The Veteran's service-connected disabilities necessitate the need for regular aid and attendance of another person, qualifying him for special monthly compensation. However, he is not found to be unemployable due to his service-connected conditions.

The Veteran's sleep apnea was rated at 50 percent since October 1, 2005.,For the cervical spine disability, a rating in excess of 30 percent is not warranted. The Veteran has forward flexion limited to 20 degrees and lateral flexion limited to 15 degrees on each side.,The lumbar spondylosis with degenerative joint disease was rated at 10 percent prior to August 3, 2006; a rating in excess of 20 percent is not warranted from that date onwards. The Veteran's range of motion has been limited due to pain on motion.,Right shoulder tendonitis was rated at 10 percent prior to November 1, 2007 and thereafter. The Veteran had right arm range of motion restricted to shoulder level due to pain on motion.,Left wrist tendonitis (residual of a left wrist injury) is service connected.,No residuals of the left foot injury are service connected.,Erectile dysfunction was service connected, but no compensable rating is warranted.,Varicocelectomy is not service connected.,Right index finger fracture and left index finger fracture were not service connected.

The Veteran's headache disorder and scalp laceration scar were not found to be related to service or a service-connected condition, leading to denial of both claims.

The Veteran's service-connected disabilities alone are not of such nature and severity as to prevent him from securing or following substantially gainful employment.

The Board denied service connection for ulcers and arthritis, but granted increased ratings for bilateral hearing loss and hypertension. The Veteran's appendectomy scar was rated at the minimum compensable level.

The Veteran's service-connected disabilities do not meet the minimum threshold requirements for an award of TDIU under 38 C.F.R. § 4.16(a). However, VA policy allows for a TDIU to be granted in all cases where a service-connected disability causes unemployability regardless of the percentage evaluations. The case is therefore remanded for further examination and consideration.

The Board has denied the appellant's claims for service connection for various disabilities, including bilateral hearing loss, tinea pedis, and plantar fasciitis. The initial compensable evaluations for recurrent lipomas, multiple lipoma excision scars on the left flank and right elbow, and a left flank scar have also been denied. The Board has not addressed the claims for cervical spine, lumbar spine, right elbow, right ankle, right shoulder, lower jaw, right foot sural neuropathy, or left foot sural neuropathy as they are considered part of the initial grant of service connection.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for the cause of the Veteran's death, which now includes a psychiatric disorder. The Appellant's request for accrued benefits based on claims pending at the time of the Veteran's death is also granted.

The Veteran's left arm disability is rated at the maximum allowable under VA regulations. The scars on his thighs and abdomen are evaluated based on their impact on function, not a specific Diagnostic Code.

The Veteran's claim for an increased rating for his service-connected left hip disability is being remanded due to the need for additional development, including obtaining VA treatment records and SSA records.

The appellant's service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Board has remanded the case for a VA medical examination to determine the nature and etiology of the Veteran's claimed left inguinal hernia disability. The claim will be reviewed with consideration of all applicable laws and regulations.

The Veteran's right foot disabilities have been rated as 30 percent for the shell fragment wound and 20 percent for the tender scar. The Board has determined that a higher rating of 40 percent is warranted for both conditions.

The Board has denied all service connection claims, except for PTSD and abdominal scar. The Veteran's bilateral shin splints, left hip quad strain, GERD, stomach ulcer, residuals of a fracture of the right 5th toe, neck disability, abnormal pap test, ovarian cyst, constipation, hemorrhoids, left knee disability, and sinusitis have not been found to be related to her military service.

The Veteran's service-connected right thumb scar as a residual of dog bite is currently rated at the maximum schedular evaluation (10%) and no higher. The Veteran's benign positional vertigo, also related to head injury in service, has been granted with a 10% rating since September 20, 2006.

The Veteran's left groin scar is rated at the minimum non-compensable level due to its superficial nature and pain on examination, which does not meet criteria for a higher rating.

The Veteran's service-connected residuals from injury due to laceration of profundus tendon of the left long finger are currently rated at 10 percent effective December 22, 2009. The Veteran's scar is also rated at 10 percent effective September 6, 2005.

The Veteran's right thigh scar has been rated as noncompensable since service connection was established in August 2004. The Board found that the criteria for a compensable rating under Diagnostic Codes 7801 to 7805 have not been met throughout the period considered in this appeal.

The Veteran's appeal is remanded due to the need for additional evidentiary development and consideration of his TDIU claim, which is inextricably intertwined with other issues raised in a June 2007 rating decision.