Scars decisions — 2012

The Board has reopened the Veteran's claims for service connection for disabilities of the right arm, hands, feet, and eyes, and disability manifested by a sensation of tightening and/or closing of the throat. The issues on appeal include whether new and material evidence has been received to reopen his claim for hearing loss, as well as his claim for tinnitus.

The Veteran's appeal is being remanded for additional development to determine the extent of her service-connected mastodynia and residual scars, as well as whether she is unemployable due to these conditions. The case will be referred to VA's Director of Compensation and Pension for consideration of a TDIU under 38 C.F.R. § 4.16(b) if appropriate.

The Board has determined that the Veteran's claimed conditions, including diabetes mellitus, COPD, connective tissue disease with high fevers, and skin disorder with scars, were not incurred or aggravated during his active military service. The evidence does not support a finding of service connection for any of these conditions.

The Veteran's appeal is granted, with a temporary total rating for convalescence following his left carpal tunnel release revision. Other issues are addressed in the remand portion of this decision.

The Board has determined that the Appellant's notice of disagreement was timely filed, and the claims for accrued benefits, service connection for the cause of the Veteran's death, educational assistance benefits, and aid and attendance are pending. However, these claims need to be remanded as they have not yet been addressed by a Statement of the Case (SOC).

The Board denied the Veteran's claims for increased ratings for his service-connected scar residuals of a shell fragment wound, right buttock and right scapula. The RO had already assigned the maximum disability evaluation of 10 percent for both conditions under the former Diagnostic Code (DC) 7804.

The Veteran's claims for service connection for right ear hearing loss, right knee scar, and GERD were denied. The Board found no evidence of current disabilities that would warrant a grant of service connection or an increased rating.

The Veteran's appeal for service connection for right foot strain has been withdrawn. The issues of increased ratings for diverticulosis and residuals of temporary colostomy with ventral hernia repair, and abdominal scars, residuals of ventral hernia repair are being remanded for further development.

The Veteran's appeal involves multiple service-connected disabilities, including back pain, sciatica, shoulder issues, and hemorrhoids. The VA is directed to obtain all relevant medical records and schedule the Veteran for appropriate examinations to determine the current severity of his conditions.

The Veteran's service-connected disabilities have been rated appropriately, and no further increase in ratings is warranted.

The Veteran withdrew his appeals regarding service connection for dental trauma, scars of the head, face and chest, and an increased rating for diabetes mellitus prior to a decision being made.

The Veteran's claim for a compensable rating for right thigh scars prior to August 4, 2010 was denied as there were no deep or unstable scars at that time.,The Veteran's claim for a rating in excess of 20 percent for right thigh scars since August 4, 2010 was also denied due to the absence of deep or unstable scars.

The Board denied the Veteran's claims for service connection for right thigh scars and an acquired psychiatric disorder, including PTSD. The claim of entitlement to service connection for right thigh scars was denied as new and material evidence had not been received. The claim for PTSD was denied due to a lack of credible supporting evidence that the in-service stressor occurred.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU on an extraschedular basis as his combined rating is only 30 percent, and he has not been found unable to secure or follow substantially gainful employment due solely to these conditions.

The Veteran's service-connected disabilities are shown to prevent him from obtaining or retaining substantially gainful employment, and the Board finds that his TDIU claim is granted.

The Board has remanded the issues of service connection for a right lower extremity disorder, postoperative residuals of a right foot Morton's neuroma, and surgical scar resulting from the removal of kidney stones to the RO via the Appeals Management Center (AMC) in Washington, D.C.

The Board has remanded the Veteran's claims for additional development in accordance with a Joint Motion for Partial Remand (JMPR). The issues of an evaluation in excess of 10 percent for the recurrent pilonidal cyst with tender scar and an evaluation in excess of 30 percent for the incomplete rupture of the rectus femoris muscle of the left leg are remanded to the RO via the Appeals Management Center.

The Board finds that the Veteran's current left knee disability, other than a scar, is less likely related to his in-service injury and more likely due to degenerative joint disease/osteoarthritis. Service connection for this condition is therefore denied.

The Board has determined that the Veteran has a residual scar on the center of his head secondary to a head injury sustained in active service, and therefore grants service connection for this condition.

The Veteran did not file a timely notice of disagreement with the November 1970 rating decision, which granted service connection for various scars and residuals of shell fragment wounds. As such, the Board does not have jurisdiction over these issues.