Scars decisions — 2011

The Veteran's service-connected hand injuries do not meet the criteria for a total disability rating based on individual unemployability due to service-connected disabilities.

The Veteran's service-connected disabilities render him unable to secure and follow substantially gainful employment, meeting the criteria for a TDIU.

The Veteran's arthritis of the right knee is rated at 10 percent, and his scars are rated as noncompensable. The Board finds that a separate rating for instability warrants a 10 percent evaluation from February 2010.

The Veteran's initial claims for higher disability ratings were denied. The VA assigned a 10% rating for the status post acne vulgaris with facial scars, effective from August 1, 2008 onwards. No compensable ratings were granted for active acne vulgaris on chest and right lateral epicondylitis (formerly olecranon bursitis).

The Veteran withdrew his appeal for the service connection claims for a left leg scar, right knee disability, right hand scar, scar from spider bite, and left shoulder disability. The Veteran also withdrew his appeals for increased ratings for hypertension and bilateral hearing loss.

The Veteran's right wrist scar is currently rated at 10 percent due to its superficial nature and pain, but does not meet the criteria for a higher rating as there are no deep scars or limitations of function. The current symptoms do not warrant an increase in disability rating.

The Veteran's appeal is being remanded for further medical opinion and development to determine his eligibility for a total disability evaluation based on unemployability due to service-connected disabilities.

The Veteran is seeking an increased disability rating for his service-connected residuals of the removal of osteochondroma, right leg, with postoperative surgical scarring. The case has been REMANDED due to a need for another VA examination.

The Veteran's post operative scar due to a left inguinal herniopathy does not meet the criteria for a compensable evaluation. His hearing loss and leg condition were denied service connection.

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

The Veteran's service-connected skin disability, including acne scarring, rosacea, and rhinophyma, has been rated at 60 percent since the appeal period began. The condition is manifested by flare-ups affecting more than 40 percent of exposed area but does not meet criteria for disfigurement or limitation of motion.

The Veteran's service-connected disabilities, including PTSD and multiple physical injuries, preclude him from engaging in substantially gainful employment. The Board finds that the criteria for a TDIU have been met.

The Veteran's diabetes mellitus is rated at 20 percent, and his left knee scar is rated at 10 percent. The claims for increased ratings are denied.

The Veteran is seeking an earlier effective date for a combined 100 percent disability rating, which was granted on September 29, 2006. The appeal is currently in remand status due to unresolved issues regarding the July 1985 decision and clarification of his April 2008 notice of disagreement.

The Veteran's claim for service connection for sinusitis, mouth trauma, and residuals of coral poisoning (left upper extremity) is granted. The Board finds that the Veteran sustained a fall onto a coral runway in service which resulted in a left forearm scar. Service connection is granted for this residual scar.

The Veteran's burn scars on the neck and chest are rated at 10 percent, reflecting their current severity.

The Veteran's service-connected laceration scars of the left calf are painful but do not exceed 12 square inches and do not cause limitation of function.,The Veteran's service-connected shrapnel wound scar on right posterior shoulder is painful, does not exceed 12 square inches, and does not cause limitation of function. Service connection for allergic rhinitis has been granted.

The Veteran's appeal is remanded for further development, including obtaining updated VA treatment records and private medical records. The case will be returned to the Board for readjudication.

The Veteran's left hip disorder, including arthritis, is found to be proximately due to or the result of his service-connected right knee post-operative residuals.,Service connection for head injury residuals is granted based on credible testimony and a VA examination report.

The Board has determined that the reduction of the Veteran's disability rating from 100% to 30% for right upper lung lobectomy status post lung cancer with COPD was proper. The current effective date is December 1, 2009. The Veteran does not meet the criteria for a higher than 30% evaluation for his residual scar.