Scars decisions — 2010

The Veteran is found to be unemployable due to his service-connected disabilities, specifically chronic lumbar strain with degenerative changes and PTSD. His fragment wound scar of the left arm warrants a 10 percent rating.

The Board finds that the Veteran's right arm scar is a result of removal of sutures in October 1960 while in service, and grants service connection for this condition.

The Veteran's service-connected disabilities, including lumbar spondylosis with radiculopathy, left knee degenerative joint disease, left knee instability, right knee osteoarthritis, and scarring of the left upper eyelid and left sacroiliac region, render him unable to secure or follow a substantially gainful occupation. The Board has determined that this evidence reflects the type of situation warranting consideration of an extra-schedular evaluation under 38 C.F.R. § 4.16(b).

The Veteran's claims for throat infections, scarring of the right arm, testicular mass, and respiratory disability (bronchitis) are denied as there is no current evidence of these conditions.

The Veteran's claim for TDIU is being remanded due to the need for an appropriate VA examination to assess the combined effect of his service-connected disabilities on his employability.

The Veteran's PTSD is currently rated at 70 percent, which meets the criteria for a higher initial evaluation. The Veteran also has other service-connected disabilities that have led to a TDIU rating.

The Veteran's claim for TDIU due to his service-connected right arm disability is being remanded for additional development, including obtaining SSA records and a VA examination.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Veteran's claims for service connection, increased ratings and compensation are being remanded due to the need for additional examinations and development of his medical records.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for complications from a November 2006 surgery at the VA Medical Center in West Haven, Connecticut. The case has been remanded to obtain additional medical records and to conduct a VA examination to determine if his current conditions are related to the care provided by VA.

The Board has determined that the Veteran's service records support his claims of gunshot wound and bayonet injury to the left leg and hand during active duty in Vietnam. The scars from these injuries are considered current disabilities, and there is medical evidence linking them to service. Therefore, service connection for residuals of a gunshot wound to the left leg and residuals of a bayonet wound to the left hand has been granted.

The Board denied the Veteran's claims for increased rating for a scar, reopening of service connection claims for leg fracture and frostbite, and service connection for PTSD. The scars were found to be non-compensably disabling. The leg fracture and frostbite claims did not have new and material evidence received since the last final denial.

The Veteran's service connection claims for migraine headaches, cervical spine disorder, left shoulder disorder, and degenerative joint disease of the knees are granted. The Veteran is awarded a 10 percent rating for lumbar strain with degenerative changes from April 18, 2006 to January 4, 2008, and an increased evaluation to 40 percent thereafter. He also receives a non-compensable rating for his scar of the anterior neck and burn scar of the right hand. The Veteran's scrotal varices disability is rated as non-compensable, while his degenerative joint disease of the left knee and right knee are each rated as non-compensable.

The Veteran's appeal is being remanded for additional development of her service connection claims, including obtaining medical records and examinations to determine the nature and etiology of her stress urinary incontinence and donor site scar.

The Board dismissed the Veteran's claims due to his death, and no jurisdiction remains for further action.

The Veteran's acne with scars of the face, arms, back, and hands was granted a rating in excess of 30 percent prior to January 5, 2007, and in excess of 60 percent from that date. The service connection is determined to be direct.

The Veteran's appeal for increased evaluations of his service-connected right wrist and hand disability, as well as his left lower extremity disability, has been withdrawn. The Board dismissed the appeals due to the Veteran's withdrawal.

The Veteran's right second toe scar was granted an initial 10% disability rating from February 26, 2007 to February 17, 2009.,From February 18, 2009, the Veteran is entitled to a disability rating greater than 10 percent for his right second toe scar.,The Veteran's hammer toes of the right foot with degenerative joint disease are also rated at 10%.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling examinations to assess the severity of his service-connected knee disability and scars.

The Veteran's service-connected disabilities, including enucleation of the right eye, degenerative joint disease of the neck with radiculopathy, nonpsychotic organic syndrome with brain trauma, conjunctivitis, and a disfiguring scar of the face, are found to be severe enough to prevent him from obtaining and maintaining substantially gainful employment.