Scars decisions — 2012

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that there was no credible evidence linking his untimely death to his military service or to his service-connected right knee disorder.

The Veteran's service connection claim for residuals of a left ear injury is granted, and he is assigned a 20 percent disability rating for his bilateral hearing loss.

The Veteran's scar of the left cheek is rated at 30 percent since January 3, 2012. His migraine headaches are currently rated as 10 percent disabling.

The Veteran's TDIU claim is being remanded for additional development, including obtaining updated VA treatment records and scheduling a VA examination to assess the impact of his service-connected disabilities on his employability. The issues of diabetes mellitus, increased rating for residuals of right tibia fracture, and reopening of peripheral neuropathy of lower extremities are also being addressed.

The Board has determined that the Veteran's keloid scar on his left shoulder is related to an in-service injury and granted service connection for this condition.

The Veteran's claims for increased ratings and service connection were denied. The applications to reopen the claims for service connection for condyloma acuminatum (scarring of the genital area) and tinnitus have been granted, but not for hypertension with kidney transplant or low back disability.

The Veteran seeks service connection for a right arm disability, an enlarged heart with scarring, and failing eyesight. The Board finds that the issues of service connection for these conditions are remanded.,An increased rating for hypertension is denied.

The Veteran's claim for an effective date prior to October 30, 2002, for the award of service connection for post-operative right hand ganglion cyst scar residuals is granted. The effective date will be set as of April 27, 2000.

The Board is remanding the case for additional development to verify periods of active service, obtain relevant medical records, and provide a VA examiner with a medical opinion regarding whether the Veteran's cause of death was related to his military service.

The Veteran developed additional COPD disability as a result of VA medical treatment or lack thereof, and the proximate cause was carelessness, negligence, or similar instance of fault on the part of VA.

The Veteran's burn scars have been rated at 10 percent each since May 1970, and the current criteria do not meet the requirements for a higher rating.

The Board has determined that the reduction of the evaluation for a right buttock scar from 10 percent to noncompensable was proper, as it was supported by evidence in the record and complied with applicable due process laws and regulations.

The Veteran's laceration scars to the left axilla and abdomen are being remanded for further investigation of whether they occurred in the line of duty. The RO will request relevant records from the Navy Judge Advocate General.

The Veteran's right hand disability has been rated at 10 percent, and the Board finds that his symptoms do not warrant a higher rating as they do not meet the criteria for unfavorable or favorable ankylosis of the ring and little fingers.

The Veteran's shrapnel injury to the right thigh with deep scar is currently rated at 10 percent and does not meet the criteria for a higher evaluation.

The Veteran's service-connected disabilities, including thrombophlebitis of the left leg and a residual appendectomy scar, do not render him unemployable as he is able to perform sedentary employment consistent with his educational and work background.

The Board has reopened the claim for service connection for tinnitus and granted it. Service connection is also granted for multiple scars of the back, which are not already contemplated by a pre-existing condition.

The Veteran's chest scar is considered service-connected as it is a residual of a shell fragment wound sustained during active duty. The digestive disability, including ulcers and GERD, is not service-connected due to lack of evidence showing its onset in service or being related to the service-connected PTSD.

The Veteran's service-connected disabilities make it impossible for him to secure or follow a substantially gainful occupation, and the Board finds that he is entitled to TDIU.

The Veteran's service-connected disabilities combine to a 70 percent rating, which is sufficient for TDIU under the schedular criteria. However, the Board denied referral of his claim for extraschedular consideration due to meeting the threshold disability percentage requirement.