Scars decisions — 2012

The Board has determined that the Veteran's currently diagnosed hemorrhoids and related scarring likely had its onset in service and persisted since separation, thus granting service connection for these conditions.

The Board denied the Veteran's claims for service connection for a skin disorder and an increased disability rating for his scar of the left foot. The Veteran did not meet the criteria for any higher ratings under applicable diagnostic codes.

The Veteran's left fifth claw toe deformity with lesion and scar was first manifested during active duty service, and the Board finds that service connection is warranted.

The Veteran's claims for increased evaluation of a left hand scar, reopening of migraine headaches and PTSD service connection claims have all been denied. The acquired psychiatric disability claim has not been addressed in this decision.

The Board has granted a 30 percent rating for migraine headaches, effective from the date of the grant of service connection. The Veteran's daily migraines with photosensitivity, otosensitivity, nausea, and vomiting are considered to be at least as severe as what is required for a 30 percent rating under Diagnostic Code 8100.

The Veteran's hidradenitis suppurativa, status post surgical ablation of bilateral axillary areas with residual scarring, was granted an initial 20 percent disability rating. The ratings for left and right foot dermatitis were denied.

The Veteran's service-connected disabilities render him so helpless as to be in need of regular aid and attendance of another person, warranting special monthly compensation based on the need for the regular aid and attendance of another person.

The Veteran's service-connected disabilities rendered him unemployable from January 23, 2007 to September 30, 2008.

The Veteran's appeal is being remanded for further development, including scheduling VA examinations and obtaining medical records.

The Veteran has withdrawn his appeals for the claims of bilateral hearing loss, residuals of shell fragment wound with scarring and damage to Muscle Groups VI and VII of the right arm, residuals of fracture of right ulna with arthritis, and partial paralysis of the right ulnar nerve. The Board therefore dismisses these issues.

The Veteran's left knee disorder is rated at 20 percent, the highest available rating under the applicable diagnostic codes, for symptoms including pain, stiffness, and functional impairment that affect his ability to work.

The Veteran's request for a compensable evaluation for esophageal hiatal hernia, post operative, with abdominal scar is being remanded due to the need for a videoconference hearing.

The Veteran's appeal is being remanded for further development, including obtaining a VA examination to assess his employability due to service-connected disabilities and referral to the Director of Compensation and Pension Services for extra-schedular consideration.

The Board has determined that the Veteran does not have a right ear hearing loss disability for VA purposes and therefore, service connection is denied. The claims of entitlement to higher initial ratings for his right hand scars, left knee conditions, GERD, and thoracic strain are also denied.

The Veteran's appeals for increased rating, service connection, and reopening of previously denied claims have been withdrawn. The case is being remanded to obtain SSA records.

The Veteran seeks an earlier effective date for the grant of a total disability rating based on individual unemployability (TDIU). The Board finds that the earliest effective date allowed by law is August 9, 2003.

The Veteran's service-connected disabilities, including PTSD, bilateral hearing loss, tinnitus, and a right thigh scar from a gunshot wound, collectively meet the schedular requirements for consideration of a TDIU. With full consideration of his educational background and occupational experience, and resolving doubt in his favor, the Veteran is precluded from obtaining or retaining substantially gainful employment.

The Veteran withdrew his claims for service connection for bilateral hearing loss and tinnitus prior to the Board's decision.

The Board found no clear and unmistakable error in the rating decisions made by the RO in May 1968, as the evidence at that time did not support a higher disability rating for the Veteran's shrapnel wounds.

The Board has determined that the Veteran does not have a current diagnosis of prostatitis and finds no evidence to support service connection for this condition. The Board also found insufficient medical evidence to establish a relationship between any current genitourinary disorders, including BPH, and the Veteran's military service.