Scars decisions — 2012

The Veteran's scars have been rated based on their characteristics and not due to service connection. The chin scar is now rated at 10 percent, while the forehead scar remains non-compensable.

The Veteran's service-connected disabilities meet the minimum percentage requirements for assignment of a TDIU rating and are reasonably shown to result in his inability to obtain or maintain substantially gainful employment.

The Veteran's appeal is being remanded due to the need for additional medical examinations and records, as well as clarification of his service dates.

The Veteran's initial claim for a compensable rating for residuals of cyst removal from the left chest was granted. However, he is not entitled to a higher rating or separate ratings for his nerve injury and scar.

The Veteran's claims for increased ratings for ITBS of his knees and a scar from surgery on his right fifth toe were denied. The Veteran was already receiving a 10 percent rating for each knee, which is considered adequate under the criteria set forth in the Rating Schedule. The scar received a separate compensable rating.

The Board has ordered a remand to determine the etiology of the Veteran's left ankle hypertrophic scarring anterior talofibular ligament and whether it is related to his in-service left ankle sprain.

The Veteran's claim seeking an earlier effective date for the award of a total disability evaluation is dismissed as he cannot receive such without showing clear and unmistakable error in the final rating decisions.

The Veteran's appeal is being remanded for additional development to obtain updated VA treatment records, schedule the Veteran for VA examinations to assess his current conditions, and provide a Supplemental Statement of the Case (SSOC).

The Board denied the Veteran's claims for service connection for left ear hearing loss and for initial disability ratings in excess of 10 percent for osteochondritis desiccans, residuals of shrapnel injuries to muscle group XIX, and abdominal scars. The Veteran's left knee disability was rated as zero percent prior to January 30, 2012, but the Board found that a rating in excess of 10 percent is not warranted from that date forward.

The Veteran's appeal is being remanded for additional development, including scheduling of a VA examination to determine the scope and severity of his service-connected shrapnel wound injuries and any other related disabilities. The examiner must also provide an opinion as to whether each condition is related to one or both of the Veteran's inservice shell fragment wound injuries.

The Board has determined that the Veteran's shrapnel scar under the jaw and scar of the left cheek are attributable to service, thus granting service connection for both conditions.

The Veteran's laceration scar of the right shin is rated at 20 percent, which is the maximum rating available under current VA regulations. The Board found that the evidence did not support a higher rating for this condition.

The Board has determined that additional development is needed to fully and correctly adjudicate the Veteran's claims, including obtaining medical records and conducting examinations.

The Veteran's umbilicus hernia repair scar was rated as noncompensable since June 1, 2004. The August 2004 VA examination found no functional impairment or limitation of motion due to the scar.

The Veteran's service-connected disabilities, including his left knee replacement and ankylosis of the left ankle, have been found to meet the criteria for financial assistance in purchasing a vehicle or adaptive equipment.

The Veteran's residual right wrist scar, status post right carpal tunnel release, has not been found to cause any functional impairment warranting a compensable evaluation.

The Board has granted the Veteran's claim for service connection for chronic myelogenous leukemia (CML) as secondary to his service-connected lung cancer. The issue of an initial disability evaluation in excess of 60 percent for a left thoracotomy scar is dismissed due to withdrawal.

The Veteran's appeal is remanded for additional development to determine if his service-connected disabilities, especially bilateral hearing loss, are severe enough to prevent him from gainful employment.

The Board has determined that additional development is needed for the TDIU claim and applications to reopen service connection claims. The Veteran's service-connected disabilities are considered in determining whether he can secure or follow a substantially gainful occupation.

The Veteran's claims for increased ratings for his right and left knee disabilities, as well as his scar of the left wrist, are denied. The current 10 percent ratings under the appropriate diagnostic codes adequately reflect the severity and symptomatology of these conditions.