Scars decisions — 2012

The Board denied the Veteran's claims for higher ratings for his service-connected disabilities of the right and left knees, as well as his thigh and leg injuries. The maximum schedular rating assignable for each condition was 10 percent.

The Board dismissed the Veteran's appeals of ratings in excess of 10 percent for service-connected tinnitus and acne with facial scarring, as he withdrew his appeal prior to the issuance of a decision. The claim for a compensable rating for service-connected bilateral hearing loss was not adjudicated by the Board.

The Veteran's cause of death, congestive heart failure due to arteriosclerotic cardiovascular disease (ASCVD), is found to be related to his service-connected PTSD and cold injury residuals. As such, the claim for DIC based on service connection for the cause of the veteran's death is granted.

The Veteran's postoperative right cheek scar is currently rated as noncompensable under the old criteria. Under both the old and new criteria, the scar does not meet the requirements for a compensable evaluation due to its size, stability, and symptoms.

The Board has determined that there is no evidence of a scarred right ear drum during the Veteran's active duty service. The Veteran's STRs do not reflect any clinical findings or treatment for a scarred right ear drum, and his STRs were reported as normal. There is also no credible evidence to support the Veteran's claim that he was informed by a medical examiner in March 1970 of having a scarred left ear drum.

The Veteran's three service-connected scars on the left tibia are manifested by superficial, tender, and painful symptoms that do not cause limitation of motion. The Board has granted separate 10 percent ratings for each scar from September 22, 2010.

The Veteran's service-connected conditions did not result in unemployability prior to April 25, 2001. The Board denied the claim for an earlier effective date.

The Veteran's appeal regarding an earlier effective date for the award of service connection for PTSD was denied. The Board previously denied this claim in November 2008, and it is final.

The Board has determined that the Veteran does not have a service connection for hepatitis C or any other condition, and thus denied all claims.

The Board has remanded the case for further development, including obtaining updated treatment records and scheduling a VA eye examination. The Veteran's claim of entitlement to an initial increased rating for chorioretinal scar of the left eye is pending.

The Veteran was granted a higher 30 percent evaluation for GERD with duodenal ulcer scarring effective from August 24, 2012. The appeal is continued.,For the period prior to August 24, 2007, an increased evaluation of 30 percent is warranted.

The Board found that the Veteran's right Achilles tendon repair with osteoarthritis, calcaneal spur, and healed right posterior ankle scar did not meet the criteria for a higher rating from July 20, 2009.

The Veteran does not have a current diagnosis of PTSD. The anxiety disorder has been productive of complaints including occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks due to symptoms such as anxiety and chronic sleep impairment.,Throughout the rating period on appeal, the Veteran's shrapnel wound injury to muscle group VIII of the right elbow was productive of complaints of pain and fatigability, with a retained shrapnel fragment that did not penetrate the joint space, no muscle atrophy, no loss of range of motion, no loss of muscle strength, and was not more than moderate in severity.

The Veteran is seeking an earlier effective date for a total disability rating and for DEA benefits. The case has been remanded to obtain additional medical opinions regarding the impact of his service-connected disabilities on his employability during the relevant period.

The Veteran's service-connected disabilities, including anxiety reaction with a history of PTSD and multiple physical impairments, render him unable to secure or maintain substantially gainful employment. The Board grants the TDIU.

The Board found that the Veteran's right knee scars do not meet the criteria for a compensable rating under any applicable diagnostic code, and thus denied an initial compensable rating.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on being housebound as they do not result in substantial confinement to his dwelling and immediate premises.

The Veteran's postoperative residuals of the reattached left hand third digit and scar on the same digit are rated as 10% each, effective from January 2008.

The Veteran's service-connected right index finger laceration scar and left hand ulnar nerve laceration residuals are currently evaluated at the 10 percent rating, which is the maximum schedular evaluation available for these conditions. The Board finds that neither condition warrants a higher evaluation.

The Board found that the Veteran's left inguinal hernia with scar was not incurred in or aggravated by active military service and denied his claim.