Scars decisions — 2011

The Board has determined that the Veteran's current left knee disability, including a scar from total knee replacement surgery, is related to his active service and grants service connection for this condition.

The Veteran's appeal is being remanded for scheduling a video conference hearing before the Board of Veterans' Appeals.

The Veteran's PTSD and migraine headaches were granted initial ratings, but the scar of the upper back was only granted a compensable rating. Service connection for hearing loss and shoulder condition was denied.

The Veteran's appeal is remanded due to the need for further evidentiary development, including a neuropsychological evaluation and consideration of his cognitive impairment.

The Veteran withdrew his claims for service connection and increased disability rating.

The Veteran's claim for service connection for skeletal conditions, including knees, fractured ribs, a scarred lung, hip, and elbow is being remanded due to the need for additional development of his service treatment records from 1996-1997, an appropriate VA examination, and obtaining medical records.

The Board has determined that the appellant's left knee scar was incurred in service, but his current left knee disability (other than a scar) is not causally related to his active service or any incident therein.

The Board finds that the Veteran's left eye blindness and corneal scar are not related to any event, injury or disease in service. The current disability is attributed to refractive errors of the eye.

The Veteran's service-connected disabilities do not meet the criteria for entitlement to specially adapted housing due to loss or use of both lower extremities, blindness in both eyes, or loss of use of both upper extremities as to preclude locomotion.

The Veteran's claim for service connection for a right leg disorder was denied as there is no evidence of a current disability related to his military service.

The Board denied the Veteran's claims for compensable ratings for his well-healed scars on his right thumb and right calf, finding that they do not meet the criteria for a compensable rating under the applicable VA rating criteria.

The Veteran has an additional disability of scarring on her neck as a result of VA treatment, specifically PUVA therapy. The Board finds that this event was not reasonably foreseeable and grants compensation under 38 U.S.C.A. § 1151 for residuals of burns on the neck.

The Veteran's service-connected disabilities, including sleep apnea, severe allergic rhinitis, low back strain, chorioretinal scar of both eyes (previously characterized as healed central serous retinopathy of the left eye with xanthelasma), tinnitus, and sensorineural hearing loss, did not prevent him from securing or following a substantially gainful occupation before May 4, 2010.

The Board has remanded the case for additional development, including obtaining VA and Social Security Administration records, and addressing whether there was CUE in the August 2006 denial of compensation benefits under 38 U.S.C.A. § 1151.

The Board finds that the Veteran's currently diagnosed left eye chorioretinal scar is related to military service and grants service connection for this condition.

The Board has determined that the Veteran's claimed cervical spine disease, left arm numbness, left leg numbness, left shoulder disability, right shoulder disability, and left hip disability to include bone graft and scar are not related to service. The claim is denied.

The Veteran's service-connected scar, right side of nose with acne infection, was manifested by a scar at least one-quarter inch wide at widest part; a surface contour of scar elevated or depressed on palpation; a scar adherent to underlying tissue; skin hypopigmented and hyperpigmented in an area exceeding 6 square inches; and skin texture abnormal in an area exceeding 6 square inches. The Veteran's disability warranted a 50% rating.

The Veteran's claim for a higher evaluation for residuals of hyposensitive scarring, status post laceration, right posterior calf was denied as the evidence did not show any additional impairment warranting an increase beyond the current noncompensable rating.

The Board found that the Veteran's service-connected disabilities did not prevent him from obtaining and retaining gainful employment prior to June 29, 2007.

The Veteran's appeal for increased ratings on his service-connected right leg disabilities and TDIU was dismissed due to the Veteran withdrawing his claim for an increased rating for post-operative scar of the right leg prior to a decision being made.