Scars decisions — 2011

The Board denied the appellant's claim for a temporary total disability evaluation due to his service-connected lower back disability, as he did not undergo surgery or immobilization.

The case is being remanded for additional development, including obtaining medical records from the Veteran's terminal hospitalization and addressing whether his service-connected hypertension contributed to his cause of death.

The Veteran's appeal is being remanded due to the need for a videoconference hearing before the Board of Veterans' Appeals.

The Board has remanded the case due to the need for additional medical records and a clarification of the relationship between the Veteran's service-connected arthritis and his death from pulmonary fibrosis.

The Board finds that the Veteran's unauthorized medical expenses at Mitchell County Hospital in October 2009 meet the criteria for reimbursement due to a service-connected disability, an emergency medical condition, and non-feasibility of VA facilities.

The Board found that the Veteran's pre-existing left foot scar did not undergo a permanent increase in underlying pathology during service, and thus denied his claim of service connection for the condition.

The Veteran's appeal is being remanded due to the failure of substantial compliance with the Board's May 2010 remand directives. The case will be readjudicated after appropriate development, including scheduling VA examinations and determining whether referral for extraschedular evaluation is warranted.

The Veteran's claim for a compensable rating for cutaneous scars on his thighs, right arm, and left shoulder was denied as there is no evidence of pain or instability that would warrant a higher evaluation.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for appropriate VA examinations to determine the current severity of his service-connected disabilities.

The Veteran's neuropathy of the 5th and 7th left cranial nerves with fracture of the left facial bones and scars of the left face is currently rated at 30 percent disabling. The stricture of the left external auditory canal is currently rated at 10 percent.

The Veteran's service-connected residual scars of burns to the right lower extremity cover an area or areas exceeding 12 square inches (77 square centimeters) but they do not cover an area or areas exceeding 72 square inches (465 sq. cm). The Board has granted a 20 percent disability rating for these scars.

The Veteran's service-connected disabilities, including depressive disorder with psychotic features, sleep apnea, migraines, lumbar spine degenerative changes, right knee injuries, and hypertension, render him housebound or in need of aid and attendance. The case is REMANDED for further development.

The Board has determined that a disability rating in excess of 10 percent for the Veteran's scar, residuals of a laceration of the scalp, is not warranted based on the current evidence.

The Board denied service connection for bilateral hearing loss and a compensable rating for the Veteran's appendectomy scar, finding that there was no evidence of in-service injury or disease related to these conditions.

The Veteran's appeal for increased ratings for her service-connected thoracic degenerative disc disease, with right rhomboid muscle strain, was granted. Her claim for an increased rating for residuals from in-service bunion surgeries to the great toe and fifth toe of the left foot is still pending.

The Veteran's appeal is being remanded for additional development, including VA examinations and a review of his claims file to determine the current severity of his knee disabilities, right knee scar, PTSD, and ability to work. The case will be returned to the Board for further appellate review if necessary.

The Veteran's increased evaluation for scars was denied. The claim for service connection for peripheral neuropathy of the upper extremities has been reopened with new evidence presented, and direct service connection is established. The TDIU claim remains granted.

The Veteran's appeal is being remanded for additional development, including VA examinations to address the nature and etiology of his claimed conditions.

The Veteran's claims for earlier effective dates for service connection were denied as there was no pending claim prior to the May 19, 2006 submission of his application.,Similar to the first issue, the second issue regarding right hand weakness also had no pending claim prior to the May 19, 2006 submission.

The Veteran's claims for increased ratings for alopecia, gastroesophageal reflux disease (GERD), a scar to the scalp, and degenerative arthritis of the right hip have been denied. The current noncompensable ratings assigned under the applicable diagnostic codes are not supported by the evidence.