Scars decisions — 2013

The Board finds that the appellant has a scar on his left ring finger as a result of an in-service laceration, and thus service connection is granted.

The Veteran's right foot reconstruction residuals are currently rated at 30 percent, the maximum schedular rating available. The Veteran's right foot reconstruction scar residuals remain rated at 10 percent.

The Board found that the Veteran's left knee disability did not have its onset during active service or within one year thereafter and is not causally related to such service. The right knee disability, other than scars, was also denied as there is no evidence of a specific condition identified.

The Veteran's appeal is remanded for additional development, including a VA examination to determine the severity of his folliculitis and discoid lupus erythematosus, as well as an extraschedular rating if warranted. The case will be adjudicated again based on the new evidence.

The Veteran's claims for initial compensable disability ratings for scars from shrapnel injuries to his right knee, buttock, and thigh are being remanded due to inadequate examination findings and the need for updated VA treatment records.

The Veteran's appeal involves the propriety of a reduction in his skin condition rating from 30 percent to 10 percent, effective November 1, 2011. The issues are also related to whether severance of service connection for chronic eczema, scarring alopecia, and intermittent urticaria was proper.

The Board has remanded the claims for higher initial ratings for hypertension, low back disorder, left eye pterygium, lower lip scar, PFB, and right eye pterygium excision residuals to the RO via the AMC.

The Veteran's post-breast reduction surgical scars were rated at 10 percent from December 31, 1998, through October 22, 2008.

The Veteran's claim for a higher rating for chronic back pain with spondylolisthesis L5-S1, status post fusion was granted. The claims for left and right lower extremity radiculopathy were also granted effective July 8, 2009. A separate compensable disability rating of 40 percent was assigned for painful scars from June 10, 2010 onwards.

The Board finds that the Veteran's left hip disability is proximately due to, caused by, or aggravated by his service-connected disabilities affecting his left foot and ankle.

The Board has remanded the claim for a TDIU due to additional development being required, including obtaining further medical opinions and considering the Veteran's education, work experience, and training.

The Board finds that the overpayment of VA compensation benefits in the amount of $3,319.84 was properly created and is a valid debt.

The Veteran's claim for an increased rating for service-connected right axilla scars was denied as the evidence did not meet the criteria for a higher disability rating. The issue of whether new and material evidence has been received to reopen service connection for right leg and hip disabilities, as secondary to back and left ankle disabilities, is no longer on appeal due to the severance of service connection for these conditions in a final September 2010 RO rating decision.

The Board has found that further development is necessary to determine if the Veteran's death was caused by his service-connected disabilities or due to VA's failure to timely diagnose his lung cancer.

The Veteran's appeal for higher initial ratings for migraine headaches, chest scars, and shoulder/tendon/knee conditions has been dismissed due to the withdrawal of the appeal by the Veteran.

The Veteran's appeal is being remanded due to an administrative error in scheduling a Board hearing. The case will be returned for the scheduled hearing at the RO.

The Veteran's service-connected disabilities do not preclude him from substantially gainful employment.

The Board denied the Veteran's claims for service connection for a left knee disability, an initial compensable rating for bilateral hearing loss, and an initial compensable rating for right lower leg scar. The appeals were addressed in the remand portion of this decision.

The Veteran's appeal is being remanded for further development, including clarification of the locations of painful scars and consideration of changes in rating criteria.