Scars decisions — 2011

The Veteran's back disability was granted a 20 percent rating, and noncompensable ratings were assigned for his left and right foot mallet toes. The initial 20 percent rating for the back disability has been increased to 40 percent effective November 25, 2009.

The Veteran's initial ratings for bilateral pes planus, left ankle fracture residuals, and right ankle fracture were granted with noncompensable disability ratings. The Veteran was granted a higher (compensable) initial rating of 10 percent for the residuals of his right ankle fracture and a 10 percent disability rating for the cystectomy scar of the right foot (with fibroma).

The Veteran's service-connected disabilities do not preclude substantially gainful employment.

The VA denied the appellant's claim for a compensable rating for residual scar, right thenar eminence and his request for service connection for carpal tunnel syndrome with median nerve compression at the right wrist. The disability is currently rated as 0 percent disabling.

The Veteran's tinnitus is rated at 10 percent, as it was found to be aggravated by service.,The Veteran's scar on the left upper lip does not meet any of the criteria for a compensable rating.

The Veteran's service-connected conditions have rendered him unable to secure or follow a substantially gainful occupation.

The Board denied an increased rating for the Veteran's service-connected left eye cornea scar, finding that a 30 percent evaluation was the maximum allowed under VA regulations.

The Veteran's appeal is remanded due to outstanding VA treatment records and the need for additional examinations. The claims are related to service connection, disability evaluations, and functional effects of his hearing loss, sinusitis, and nasal defect.

The Veteran's appeal involves the initial disability rating for service-connected scars and potential muscle injury residuals of shrapnel wounds to the back. The case is being remanded for a VA examination to assess the presence and severity of any muscle injuries.

The Board has determined that the Veteran's death was not caused by a service-connected condition, and therefore, his surviving spouse is not entitled to service connection for the cause of his death.

The Veteran's service-connected disabilities do not render him unemployable, as he is currently employed in a part-time capacity and capable of performing sedentary work.

The Veteran's claims for a higher rating for his service-connected scar and for service connection for a cervical spine disability were denied by the RO. The Board has remanded these matters to allow further development.

The Board found that the Veteran's right shoulder disability did not present an exceptional or unusual picture for any portion of the appeal period prior to September 19, 1997 and as of April 1, 1998, thus denying a claim for an extraschedular rating.

The Veteran's claims for service connection for left shoulder, back, face and nose scars, and migraine headaches are being remanded due to the need for additional medical examinations.

The Board has granted a separate 10 percent initial disability rating for the service-connected left knee scars, effective December 4, 2008. The claim for an increased (compensable) initial rating for constrictive bronchiolitis is remanded.

The Veteran's service-connected chronic sinusitis, TMJ disorder, and scar disabilities are rated at a 10 percent disability level effective August 5, 2008.

The Board has restored the Veteran's disability rating for his service-connected multiple scars, residuals of shrapnel wounds from noncompensable to 10 percent.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to evaluate the severity of his service-connected left leg scars and their impact on his employability.

The Veteran's claim for increased ratings for his service-connected scars and shell fragment wound residuals was remanded multiple times. The most recent rating decision awarded a compensable evaluation of 10 percent for the scars, effective October 8, 2008. The issue of an initial increased rating for the shell fragment wound residuals is still pending.

The Veteran meets the schedular criteria for a total disability rating based on unemployability due to his service-connected disabilities, which preclude him from securing or following substantially gainful employment.