Scars decisions — 2013

The Veteran requested to withdraw their appeal for the issue of entitlement to an initial rating in excess of 10 percent for residuals of right fifth toe dislocation, post-operative fifth metatarsal osteotomy with screw fixation and reduction dislocation of fifth metatarsophalangeal joint, with scar.

The Board has granted a higher rating of 30 percent for the Veteran's appendectomy with residual scar, effective from May 3, 2010. The claim to reopen service connection for residuals of an abdominal injury was denied.

The Veteran's skin condition, including scarring and cystic acne residuals, is being remanded for further examination to determine if it was aggravated by service or related to service.

The Veteran's TDIU claim is being remanded for additional development as the prior examination report was inadequate and did not address the impact of his service-connected disabilities in combination on his employability.

The Veteran's service-connected disabilities render him unemployable, as his combined rating is at least 60 percent and he has multiple service-connected conditions that limit his ability to work. The Board finds the criteria for TDIU have been met.

The Veteran's claims for increased ratings for his right and left inguinal hernia repair and scar residuals were denied on an extraschedular basis as the evidence did not show that his disability resulted in an exceptional or unusual disability picture.

The Veteran's claims for higher initial ratings for his lumbar spondylolisthesis and scar are being remanded due to the need for additional examinations and consideration of new evidence.

The Board has granted service connection for a left upper arm scar and assigned an initial noncompensable rating, which was later increased to 10 percent effective from May 8, 2008. The Veteran's scar is tender to touch but not deep or causing limited motion.

The Veteran's claim for service connection for tinnitus was granted with an effective date of September 3, 1997. The Board also remanded the issue of earlier effective dates for other benefits.

The Veteran's claims for increased ratings for his right knee, right great toe scar, and left great toe fractures have all been denied as there is no evidence of any service-connected conditions that warrant higher ratings.

The Veteran's service-connected degenerative changes of the lumbar spine are rated at 40 percent, and he meets the criteria for a TDIU due to his combined disability rating of 70 percent. The Board finds that the Veteran is unemployable due to his service-connected disabilities.

The Veteran's appeal is remanded for further development, including obtaining treatment records and arranging a VA examination by a gastroenterologist.

The Veteran's service-connected disabilities prevent him from engaging in gainful employment, and the Board has granted a TDIU on an extraschedular basis.

The Board has determined that the Veteran did not have any residuals of shell fragment wounds (SFWs) of the right knee, right foot, right fourth finger or lower back during his period of service. Therefore, he is denied service connection for these conditions.

The Board found that the October 1986 rating decision did not contain clear and unmistakable error in granting service connection for shell fragment wound residuals and scar to the left knee, as well as assigning a zero percent rating.

The Veteran's claims for increased evaluations of his gastroesophageal reflux disease, abdominal surgical scars, and shoulder surgical scars are being remanded due to the need for additional VA examinations.

The Veteran's claims for service connection have been denied as she failed to report for scheduled VA examinations, which were required to properly adjudicate her claims.

The Veteran's right ankle tendinitis is not more than moderate in nature, and her right foot bunion with hallux valgus does not meet the criteria for a higher rating. The postoperative residual scars of her right wrist ligament repair do not warrant an increased rating.,None of the conditions have been linked to any specific exposure basis or are presumed under the PACT Act.

The Veteran's claim for service connection for an acquired psychiatric disorder, claimed as PTSD, was denied. The Board found that the evidence did not establish a current diagnosis of PTSD or any other acquired psychiatric disorder related to active military service.,Service connection was granted for post-fracture status, left supraorbital ridge with headaches, and assigned a 40% rating effective from March 6, 2008. A separate 30% rating was granted for the Veteran's headache disability related to this condition, and a 10% rating was granted for loss of the left supraorbital sensory nerve secondary to the post-fracture status.

The Veteran's claim for an increased rating in excess of 10 percent for scars of the thoracic area prior to October 23, 2008 was denied. However, his claim for a 30 percent rating for scars from that date forward is granted.