Scars decisions — 2011

The Board has determined that the Veteran's scar does not meet the criteria for a compensable evaluation under any applicable rating code, as it is stable and non-disabling.

The Veteran's service-connected disabilities, including PTSD, asthma, and a right hand scar, do not prevent him from securing or following a substantially gainful occupation consistent with his education and employment background.

The Veteran's service-connected disabilities (depressive disorder, left and right knee disorders) render him unemployable from performing all forms of substantially gainful employment that are consistent with his education and occupational experience. The Board finds in favor of the claimant due to equipoise evidence.

The Veteran's appeal for compensation under 38 U.S.C.A. § 1151 was denied because there is no medical evidence detailing the residual disability resulting from his 1981 VA surgery, and no medical opinion exploring whether any resulting disability was unforeseeable or due to VA carelessness.

The Veteran's claim for a compensable rating for scars of the nose, right cheek, and behind the ear is being remanded due to the need for additional examination.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied as the proximate cause of his additional disability (bilateral inner thigh scarring) was not due to carelessness, negligence, or lack of proper skill on VA's part.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine is granted with a rating of 20 percent effective July 17, 2008. The ratings for varicose veins in both lower extremities and chondrocalcinosis of the left knee are denied. The Veteran's residual scar from the excision of a cyst on his wrist is also granted.

The Veteran's facial scars, left wrist muscle injury, right shoulder and neck muscle injury, left foot scar, left wrist scar, right knee scar, right lower extremity scar, and right ankle scar are all rated at 30 percent each.,Service connection for PTSD was granted with an effective date of May 22, 2009. Service connection for neuralgia of the left foot was also granted but without a specific effective date.

The Veteran's service-connected painful scars of the bilateral breasts, residuals of reduction mammoplasty, are rated at a 10 percent disability effective October 23, 2008.

The Veteran's tendonitis of the right elbow with a scar is related to his military service and he has been granted service connection for this condition.

The Veteran's claim for an increase rating for dermatitis with scars, also claimed as eczema, is being remanded due to the need for clarification regarding the percentage of affected skin area and the prescribed topical hydrocortisone treatment.

The Veteran's claim for a TDIU is being remanded due to the need for additional medical examination and development of his claims file. The RO will arrange for an examination by a VA physician to assess whether his service-connected disabilities, alone or in combination with any non-service connected conditions, render him unable to secure or follow substantially gainful employment.

The Veteran is granted service connection for a scar over the right eyebrow area, but his claim for a back disorder is denied as there is no current evidence of a disability.

The Board found that the Veteran's service-connected scars of the right side of the neck and scar of the right arm do not meet the criteria for a compensable evaluation under VA rating criteria.

The Veteran's appeal is being remanded for additional development of his VA treatment records and an addendum to the December 2010 VA examination.

The Board has determined that the Veteran's left eye corneal scar was aggravated by service, and therefore service connection is granted. The claims for bilateral senile cataracts and bilateral LASIK post-surgical scars are denied as there is no evidence of a current disability.

The Veteran's claims for higher initial ratings on his service-connected conditions have been denied. The RO has granted service connection and assigned noncompensable disability ratings to all of the Veteran's service-connected conditions, effective December 1, 2003.

The Veteran's service-connected scar tissue has not met the criteria for a compensable rating under current VA regulations.

VA determined that the Veteran's scars do not meet the criteria for a compensable disability evaluation, as they are not tender or painful and do not cause limitation of function.,VA also found that the Veteran's traumatic arthritic residuals of a fractured left hip do not warrant an increased rating beyond 10 percent.

The Veteran's scar residuals of a tumor removal of the right parotid area of the right neck, including Frey's syndrome, have been rated as 30 percent disabling since November 24, 2011.,Effective October 23, 2008, the Veteran's scar residuals of a tumor removal of the right parotid area of the right neck are rated at 30 percent.