Scars decisions — 2012

The Board has determined that higher ratings for the Veteran's service-connected disabilities are not warranted as a matter of law due to the application of the 'amputation rule.' The claims must be denied.

The Board granted the Veteran's claims of increased ratings for facial scars and psychiatric disability, but denied his claim for service connection for epistaxis. The left jaw disability was rated as noncompensable under Diagnostic Code 9904 due to slight displacement.

The Veteran's left foot hallux valgus is rated at a noncompensable (0%) disability evaluation due to its mild severity.,The Veteran's right foot status post-bunionectomy with surgical scarring and degenerative joint disease is rated at a noncompensable (0%) disability evaluation.

The Board found that the Veteran does not have any residual disorders related to his in-service scarlet fever, and thus denied his claim for service connection.

The Veteran's in-service spider bite resolved without any chronic residuals, and there is no current evidence of a tender scar. The Board finds that service connection for the tender scar cannot be granted.

The Veteran's claim for TDIU benefits was denied, and the Board has ordered remand to obtain additional evidence and consider his educational and occupational history.

The Board granted service connection for a Morton's neuroma of the left foot and assigned an initial 10 percent rating, effective from December 4, 2002. A separate rating is available for surgical scarring associated with this disability.

The Veteran's service-connected disabilities, including ischemic heart disease, PTSD, diabetes mellitus, type II, and a skin condition and scar, render him unable to secure or follow substantially gainful employment. The Board grants the claim for TDIU.

The Veteran's claim for a compensable rating for scars and laceration residuals of the left hand was denied as his scars do not meet the criteria for any specific disability rating under VA's rating schedule.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims for service connection for right knee disability and burn scars of the right foot. This includes obtaining relevant medical records, including from Dr. Teeny and VA Medical Center American Lake, and providing the Veteran with a comprehensive examination.

The Veteran's appeals for service connection for chronic bilateral hearing loss disability and chronic tinnitus have been withdrawn. The appeal for service connection for chronic head injury residuals is being remanded.

The Veteran's claims for increased ratings for his right and left foot disabilities are being remanded due to the inadequacy of the most recent VA examination report, the need for additional treatment records, and potential extraschedular considerations.

The Veteran's service-connected disabilities do not preclude him from performing substantially gainful employment consistent with his educational and vocational experiences.

The Veteran's appeal for a higher rating for his right ear hearing loss was denied as the audiometric test results did not meet the criteria for a compensable disability rating.

The Board has determined that the Veteran does not have hearing loss for VA purposes and therefore, service connection for bilateral hearing loss is denied. The issue of an initial compensable disability rating for a scar, status post right knee open reduction surgery, and scars from an old healed fracture of the distal right tibia remains pending.

The Veteran's appeal has been dismissed as he withdrew his appeals for the issues of entitlement to an initial rating in excess of 10 percent for degenerative disease of the cervical and lumbar spine, and entitlement to initial compensable ratings for a right ankle scar and bilateral pes planus.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the current severity of his acne vulgaris.

The Veteran is unable to maintain substantially gainful employment due to his service-connected disabilities, and the Board finds that these conditions alone render him unemployable.

The Board has remanded the case due to inadequate medical opinion regarding the Veteran's employability prior to January 6, 2006. The Veteran needs a retrospective medical opinion from an appropriate physician addressing whether she was unemployable due to service-connected disability(ies) at any pertinent point prior to that date.

The Veteran's service-connected abdominal burn scars do not meet the criteria for a compensable disability rating under any applicable VA rating criteria.