Scars decisions — 2013

The Veteran's claims are mixed, with some issues granted and others denied. The low back disorder is granted on the merits, while other claims remain pending due to lack of new and material evidence.

The Board denied the Veteran's claims for increased evaluations for his cervical spine spur at C5, degenerative spurring of the lumbar spine at L3-L4 and residuals of left knee surgery with scar as there was no evidence showing that any condition warranted a higher evaluation.

The Veteran's appeal has been dismissed due to his death during the pendency of the appeal.

The Board found that the Veteran does not have an acquired psychiatric disorder or right finger scar due to military service and may not be presumed to have been incurred in service.

The Veteran's stress incontinence, status post bladder surgery, is currently evaluated at 40 percent and does not meet the criteria for a higher evaluation. The bilateral breast scarring secondary to reduction mammoplasty has been granted service connection.

The Veteran's claim for a higher rating for his service-connected right ulnar nerve injury, with multiple tendon transplants and scars, has been granted. He is now rated at the highest available level of disability (60%) under Diagnostic Code 8516.

The Board found that the Veteran's current eye disabilities, including hyperopia/presbyopia, traumatic iritis, subconjunctival hemorrhage, cataracts, dry eye syndrome/blepharitis, iridocyclitis, scleral abrasion, and lid and brow scars, were not incurred during or as a result of active duty service.

The Veteran's service-connected restrictive lung disease and post-operative thoracotomy scars of the right chest do not warrant higher disability ratings, with the exception that his post-operative thoracotomy scars are currently rated as noncompensable. The Veteran's TDIU claim is also denied.

The Veteran's service-connected disabilities do not meet the criteria for automobile and adaptive equipment or adaptive equipment only as her loss of use at least one foot is not shown.

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) prior to October 10, 2008, on an extraschedular basis has been withdrawn.

The Veteran's appeals for higher initial ratings in excess of 10 percent for the residuals of a left index finger laceration have been withdrawn.

The Board has determined that the Veteran does not have any current disabilities related to his in-service injuries and therefore, service connection is denied for degenerative joint disease of the right foot, scars of the face, neck, arms and hands, and residuals of a reaction to malaria pills.

The Veteran's service-connected anxiety neurosis with PTSD, rated at 70 percent disabling since October 16, 2002, has rendered him unable to secure or follow a substantially gainful occupation due to his psychiatric disability.

The Veteran's left eye corneal scar was granted service connection. The issues of hypertension, bilateral leg disability and tinnitus have been withdrawn from appeal. The Veteran's eczema claim has been granted with an initial rating greater than 30% since September 22, 2009. The issue of a bilateral eye disability other than the left corneal scar remains pending.

The Veteran's service-connected disabilities do not render him unable to obtain or maintain substantially gainful employment.

The Veteran's pleural scarring from right spontaneous pneumothorax is service-connected, and his COPD is also service-connected as a new and material condition. The initial rating for radiculopathy of the right upper extremity has been granted.

The Veteran's prostate disorder and bilateral gynecomastia were evaluated under the applicable rating criteria. The Veteran was not granted higher ratings for his disabilities, as the evidence did not meet the schedular requirements or demonstrate that extraschedular consideration was warranted.

The Veteran's right knee scar, though small and well-healed, is considered an additional disability proximately caused by the VA's carelessness in the August 2004 surgery. The claim for mental anguish related to this procedure has been denied.

The Veteran's claims for increased ratings for residuals of tendon removal right fifth toe and donor scars from left forearm, chest, abdomen, and thigh were denied by the RO.,The Veteran's service-connected disabilities on appeal do not meet the criteria for a rating in excess of 20 percent for residuals of tendon removal right fifth toe or a rating in excess of 30 percent for donor scars from left forearm, chest, abdomen, and thigh.

The Board denied the Veteran's claim of entitlement to service connection for a keloid chest scar, finding no credible evidence linking the condition to his military service.