Scars decisions — 2011

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Veteran is granted a 30 percent evaluation for laceration, left ear and face with residual scar. His bilateral hearing loss and tinnitus are not service-connected.

The Veteran's left shoulder scar is found to be incurred during his military service. The claims for a sinus disorder, bilateral hearing loss, and tinnitus are granted.

The Veteran's service-connected low back pain and postoperative residual scar from a pilonidal cyst are found to be disabling enough to prevent him from securing or following substantially gainful employment, warranting a TDIU rating.

The Board denied the Veteran's claim for service connection for a head scar, residual of a traumatic head injury in November 2003. The Veteran has submitted new evidence that does not relate to an unestablished fact necessary to substantiate his claim.

The Veteran's claims for increased ratings for macular scar of the left eye and residuals of injury to the left eye were denied. The Board found that the evidence did not show exceptional or unusual circumstances warranting referral for extraschedular consideration.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) was denied by the RO. The Board referred the matter back to the RO for further development, including obtaining a VA examination and updating the Veteran's address.

The Veteran's death was not caused by, or substantially or materially contributed to by, his service-connected disabilities. The Board found that the Veteran's coronary artery disease and other conditions did not contribute substantially or materially to his death.

The Veteran's claim for a higher initial disability evaluation for his right hand residual surgical scar was denied, and the claim for an increased disability evaluation for his fracture of the right third metacarpal with limitation of motion of long finger was also denied. The Veteran received a noncompensable (0 percent) initial evaluation for the right hand residual surgical scar from March 29, 2005, to January 25, 2006, and a 10 percent evaluation thereafter.

The Veteran's left abdomen scars, as residuals of a stab wound injury, are rated at 10 percent under Diagnostic Code 7804 due to their painful nature. The Board finds that the evidence does not support a higher rating or staged ratings.

The Veteran's appeal of the initial evaluations for his service-connected left inguinal hernia repair and associated scar has been dismissed due to withdrawal by the Veteran.

The Veteran's service-connected disabilities, including bilateral hearing loss and gunshot wounds to the right shoulder and buttock, prevent him from securing or maintaining substantially gainful employment. His TDIU claim is granted effective June 17, 2005.

The Board has granted a 10 percent rating for the scar on the right small finger, which is higher than the current noncompensable (0%) rating. The Veteran's claim was based on his subjective complaints of pain and numbness in the scarred area.

The Veteran's claim for an initial compensable rating for his service-connected burn scars on the right upper extremity was denied. The Board found that the current evaluation of 0% is appropriate given the nature and extent of the scars. Service connection for a skin disability, including chloracne or any other unspecified skin condition, to include as secondary to herbicide exposure in Vietnam, and service connection for an organic brain disorder, to include encephalitis, to include as secondary to service-connected schizophrenia with PTSD, were also denied.

The Veteran's appeal for service connection for a left shoulder disability was denied. The appeals for initial compensable evaluations for residual of scars, bilateral inguinal hernia repairs and folliculitis barbae were withdrawn by the Veteran. The Veteran's claim for an initial disability evaluation in excess of 10 percent for blastocystis hominis remains pending.

The Veteran's appeal has been withdrawn with respect to the claims of service connection for a scar on the lungs, scars of the chest, facial scars due to chemotherapy, and residuals of dental extraction (numbness of the face), as well as a claim of entitlement to a compensable rating for residuals of a left orchidectomy.

The Veteran's appendectomy scar is rated at 10 percent, and the Board finds no basis to grant a higher rating.

The Veteran's appeal is being remanded due to the need for further examination and medical opinion regarding his service connection claims.

The Veteran's service-connected scar, status post right calf burn, has not been deep, caused limited motion or limitation of leg function, measured 144 square inches (929 sq. cm.) or greater, been unstable, or been painful on examination. Therefore, a compensable evaluation was not warranted at any time during the appeal period.

The Veteran's lower abdominal scar is not productive of any significant symptoms or impairment, and therefore does not warrant a compensable disability rating.