Scars decisions — 2012

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling a VA examination to assess the Veteran's employability due to his service-connected disabilities. The claim will be readjudicated on an extraschedular basis if warranted.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the current severity of his service-connected inactive pulmonary tuberculosis with a tender thoracotomy scar.

The Veteran's service-connected disabilities, including PTSD, bilateral hearing loss, tinnitus, left hand Raynaud's syndrome, a left hand scar, and a left hand gun wound, meet the schedular percentage criteria for TDIU. The Board finds an approximate balance of favorable and unfavorable evidence in favor of the Veteran's claim, granting TDIU.

The Veteran's claim for a total disability rating based upon individual unemployability due to service-connected disabilities is being remanded for additional examinations and development of the record.

The Veteran's service-connected bilateral hearing loss and laceration scar of the anterior scalp are currently rated as noncompensable. The Board denied entitlement to increased ratings for these conditions, finding that they do not meet the criteria for a compensable rating based on the audiometric and skin examination results provided.

The Veteran's claims for increased ratings for status post hernia repair and scar due to hernia repair are being remanded for additional development, including VA examinations and consideration of the evidence received since the last rating decision.

The Veteran's claim for a higher rating for PTSD was withdrawn. The VA awarded a compensable (10%) rating for his left thigh scar, which is painful but does not exceed 12 square inches or cause any limitation of function.

The Veteran's appeal is remanded for further development, including obtaining medical records and scheduling a VA examination to assess the severity of his right wrist scars. The claim will be readjudicated based on both old and new criteria for rating scars.

The Veteran's scars on the right cheek as residuals of a right jaw injury have been rated at 10 percent, reflecting one characteristic of disfigurement.

The Board has remanded the case for additional development, including scheduling a VA examination and obtaining relevant medical records.

The Veteran's claim for additional compensation for a dependent student daughter was denied as he was not eligible for concurrent receipt of military retired pay and VA disability compensation until August 8, 2007. The benefits were withheld from March 1, 2007 through April 30, 2008 due to his concurrent receipt of military retired pay and VA compensation.

The Veteran's lung and esophageal cancer residuals are rated at 100% prior to January 1, 2008 and 30% thereafter. The Board found that the Veteran's esophageal cancer residuals meet criteria for a 30% rating beginning February 1, 2008.

The Veteran's appeal was denied for increased ratings for PTSD, right shoulder joint disability, and scarring disabilities. The current evaluations are considered adequate.

The Veteran's claim for a rating in excess of 70 percent for PTSD is dismissed as the issue was fully addressed by an earlier Board decision.,Criteria for a rating in excess of 10 percent for the right neck scar have not been met.

The Veteran's claim for service connection for tinnitus was granted with an effective date of October 28, 2006. The TDIU claim is denied as the unemployability is due to nonservice-connected conditions.

The Board denied all claims, including those related to service connection for various conditions and the reopening of a previously denied skin disability claim. The appellant's erectile dysfunction was not granted an initial compensable rating or earlier effective date.

The Veteran's claim for a compensable rating for his scar residual of left wrist injury and his TDIU claim were both denied. The Board found that the evidence did not support granting a compensable rating based on the scar, as it was not painful or unstable. For the TDIU claim, the Veteran's sole service-connected disability (scar) rated 0% did not meet the schedular criteria for TDIU under 38 C.F.R. § 4.16(a).

The Veteran's claim for an increased rating for postoperative ligation and stripping varicose veins of the right leg with non-tender scar was denied. The VA examiner found no significant disability related to the condition.

The Board has determined that the Veteran is entitled to a 10 percent disability rating for his scar, right nare, effective from the date of the decision.

The Veteran's service-connected conditions, including chronic backache and dizziness, are rated at the minimum level. The right abdominal pain and scar receive a compensable rating.