Scars decisions — 2010

The Board is remanding the case for further development, including obtaining SSA records and providing VCAA notice regarding new and material evidence requirements and direct service connection.

The Veteran's claim for a higher initial rating for his service-connected left inguinal area scar was denied. The Board found no medical evidence warranting a staged rating and determined that the Veteran is not entitled to an increased rating beyond 10 percent under any applicable diagnostic codes. The Veteran's claim for aid and attendance allowance for B.E.B. was also denied as she does not meet the criteria due to her divorce from the Veteran, and there is no evidence of need for regular aid and attendance. The Veteran's pension claim was not addressed as it is unclear if he is still receiving compensation evaluated as 30 percent or more disabling.

The Veteran's lung disability, tuberculosis residuals, and scar from a biopsy are being remanded for additional development to ensure all relevant medical records have been considered.

The Board has remanded the case for additional development, including VA examinations and medical opinions, to determine the severity of the Veteran's service-connected conditions and whether they warrant compensable ratings.

The Board has determined that the Veteran's appeal for service connection on all issues except kidney disorder and bilateral hand disorder is withdrawn. The Veteran does not have a current diagnosis of a bilateral hand disorder or kidney disorder related to his military service.

The Board has determined that the Veteran's service-connected scars of the left waist do not meet the criteria for a compensable evaluation under any applicable diagnostic codes. As such, his claim for an initial, compensable rating is denied.

The Veteran's service-connected disabilities do not meet the minimum criteria for consideration of a TDIU on a schedular basis, and do not preclude substantially gainful employment so as to warrant referral for extra-schedular review.

The Veteran's claim for an increased rating for his service-connected bilateral loss of visual field due to scarring secondary to Steven-Johnson syndrome is being remanded for further development.

The Veteran's service-connected inguinal hydradenitis with scarring and recurrent exacerbations is rated at 30 percent, effective February 1, 2007.

The Veteran seeks service connection for a skin disability, including scarring and alopecia, as secondary to his service-connected genitourinary disability. The Board finds that additional development is required due to conflicting clinical opinions regarding the cause of the Veteran's skin disability.

The Veteran's service-connected scar disability, which includes a well-healed right thoracotomy scar and a small scar in the neck related to inservice chest tube placement, is currently rated at 10 percent under Diagnostic Code 7804 for superficial scars that are painful on examination. The rating remains unchanged as there is no evidence of deep or limited motion.

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

The Veteran's service-connected disabilities are not shown to be of such severity so as to preclude substantially gainful employment.

The Veteran's service-connected scar on the left forehead is not found to be disabling enough for a compensable rating.

The Veteran's service-connected right ovarian cyst status post right salpingo-oophorectomy with scar is not manifested by symptoms requiring continuous treatment, and does not warrant a rating in excess of 10 percent.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and a dermatological examination to determine the current nature and severity of his service-connected acne.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the appellant's claims, including preparation of a Statement of the Case for the issue of entitlement to an increased disability rating for atopic dermatitis, keratosis pilaris. The AMC should contact the appellant to determine which issues she wishes to appeal and schedule VA examinations based on her clarification.

The Veteran's TDIU claim was denied as his service-connected disability does not meet the minimum percentage requirements for award of a schedular TDIU, and this disability is not shown to prevent him from obtaining or retaining substantially gainful employment.

The Board has determined that the Veteran does not meet the criteria for service connection or increased ratings for his claimed conditions. The evidence does not support a finding of current skin disability, maxillary sinusitis with more than six non-incapacitating episodes per year, mandible malunion with moderate displacement, or left eye retinal detachment with healed scar warranting an increase in rating.

The Board has determined that the Veteran's current left forearm disability, varicose veins, was incurred in active service and grants entitlement to service connection.