Scars decisions — 2012

The Veteran's claims for service connection for a respiratory disorder, right wrist ganglionectomy residuals (scar and decrease in motion), and stuttering disorder were denied. The Board found that the evidence did not support these claims.

The Veteran's service-connected tender scar, left foot was rated at 10 percent disabling. The Board found that the disability did not meet or approximate criteria for a higher rating as it did not result in functional limitations of the affected part or disabling effects not considered in the current rating.

The Veteran's post-operative residuals of torn meniscus with instability in the right knee are rated at 30 percent, his traumatic arthritis is rated at 10 percent, and his tender surgical scar is rated at 20 percent effective from February 22, 2011.

The Board has determined that additional development is necessary to properly adjudicate the claim for a total disability evaluation based on individual unemployability due to service-connected disabilities. This includes obtaining updated VA and private medical records, scheduling a VA social and industrial survey, and scheduling a VA orthopedic examination.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and scheduling a VA examination to determine the nature and likely etiology of any current cervical spine disabilities.

The Veteran's failure to report for a VA examination deemed necessary to determine the current nature and severity of his service-connected disabilities (with respect to impact on employment) means that this claim must be denied as a matter of law.

The Veteran's c-section scar, left foot scars, dysthymic disorder with cyclothymic disorder, and chronic sesamoiditis of the left first metatarsophalangeal joint were all granted increased ratings. The effective dates for these increases are not specified.

The Veteran's claim for an increased rating of his right shoulder disability was granted and he is now receiving a 40 percent evaluation.,Separate ratings were also granted for the entrance and exit wound scars of the right upper extremity, with a noncompensable rating effective November 22, 2010.

The Veteran died from cardiopulmonary arrest and squamous cell carcinoma with metastatic disease. The appellant is seeking service connection for the cause of death and DIC benefits, but has not been provided proper VCAA notice regarding previously service-connected disabilities.

The Veteran's claims for increased ratings and service connection were denied. The RO assigned a noncompensable evaluation for bilateral hearing loss effective from October 6, 2006.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance of another person is granted due to his service-connected disabilities, including posttraumatic stress disorder, residuals of a fragment wound to the right side of neck, and neck scars associated with residuals of a fragment wound to the right side of neck.

The Veteran's claim for a surgical scar was denied due to lack of current evidence. The petition to reopen his previously denied kidney disability claim was also denied as the new evidence did not relate to an unestablished fact necessary to substantiate the claim.

The Board has determined that the Veteran's scars do not meet the criteria for a compensable evaluation under the applicable rating criteria, as they are considered slight muscle injuries and superficial in nature.

The Veteran's right eye disorder, including decreased visual acuity and visual field deficit, was granted an increased rating to 20 percent effective from October 14, 2011. The original 10 percent rating for the right eye disorder remains in effect.

The Veteran's claims for increased ratings and TDIU were denied. Service connection was granted for some conditions, but no new or material evidence was presented to reopen other service-connected claims.

The Veteran's TDIU claim is being remanded due to inadequate discussion of the reasons and bases supporting the decision, a duty to assist deficiency, and an insufficient medical opinion addressing his employability.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities was denied as his combined rating is 60 percent, which does not meet the schedular requirements for TDIU.

The Veteran's appeal is being remanded due to the need for additional development, including VA examinations and obtaining medical records.

The Veteran's appeals for increased evaluations for lumbosacral disc disease, sinusitis with sinus headaches, left epicondylitis, and a CABG surgical scar of the presternum and upper abdomen were denied. The criteria for higher ratings under VA rating schedules did not meet the requirements.

The Veteran's claim for a right arm/elbow disability was denied. The initial rating of 10% for the right parietal scar as residual of head trauma has been granted, but the issue of higher ratings remains unresolved.,The Veteran's TDIU claim is still pending and no effective date earlier than February 11, 2004 has been established.