Scars decisions — 2013

The Board has determined that the October 11, 2001 rating decision denying service connection for a right lower leg disability (specifically, a scar) was clearly and unmistakably erroneous. Service connection is granted for a scar of the right lower leg.

The Veteran's death was not service-connected, and the claim for DIC benefits under 38 U.S.C.A. § 1318 was denied as he did not meet the eligibility requirements.

The Veteran's service-connected residual scar from laceration of the right index finger does not result in tenderness, ulceration, scaling, tissue loss, or limitation of motion or loss of function. Therefore, a compensable rating is denied.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to his inability to use braces, crutches, canes, or a wheelchair as a normal mode of locomotion.

The appellant's combined disability rating is 60 percent, which does not meet the threshold for schedular consideration of a TDIU. The VA examiners concluded that he could engage in fully gainful employment despite his service-connected disabilities.

The Veteran's bilateral inguinal hernia disability is not service-connected as there was no evidence of a pre-existing condition during service and the current condition did not manifest until after discharge. The other issues were either not addressed or are not supported by sufficient evidence.

The Board has determined that the Veteran's service-connected chronic right ankle strain with scar, residual of surgery, does not warrant a disability rating in excess of 10 percent.

The Veteran's pilonidal cyst with residual scar was granted an increased evaluation to 10 percent, effective February 22, 2007, and the RO also granted a prior effective date of February 22, 2007 for this rating.

The Veteran's service-connected conditions have rendered him unable to secure and maintain substantially gainful employment.

The Board denied service connection for bilateral hearing loss disability due to lack of evidence meeting VA's definition of a disability. Service connection was not granted for left eye disorder or low back disorder as the claim is pending.

The Veteran's appeal is being remanded for further examination and assessment of her employability due to her service-connected disabilities.

The Veteran's claims for increased ratings were denied as the evidence did not meet the criteria for a compensable rating for post operative left knee scars, a rating in excess of 10 percent for post operative residuals of the left knee with degenerative joint disease (DJD), or an initial rating in excess of 30 percent for left knee instability status post anterior cruciate ligament reconstruction.

The Board has determined that the Veteran's scars of both lower extremities meet the criteria for a 10 percent rating, effective from the date of the decision.

The Veteran's TDIU claim is being remanded for additional development, including a VA examination to determine if his service-connected disabilities render him unemployable.

The Veteran's claims for increased ratings and effective dates were denied. The Board found that the Veteran's neurogenic bowel warranted a 30 percent rating, which was the maximum schedular rating available under Diagnostic Code 7332. For his left wrist scar, the VA examination did not show any instability or pain, thus preventing him from receiving an additional compensable rating.

The Veteran's claims for service connection and increased ratings have been denied. The Board found no evidence of a current lung disorder, chronic bronchitis or any other respiratory condition to support the claim. For his lumbar spine disability, there was no evidence of incapacitating episodes or ankylosis. For his left leg fracture, he had asymptomatic residuals prior to January 11, 2011 and limited motion from that date onwards. The Veteran's service connection claims are denied.

The Veteran's claim for a total disability rating based on individual unemployability is being remanded due to insufficient evidence regarding whether her service-connected disabilities render her unable to work.

The Veteran's appeal is remanded for further development, including a new VA examination to assess the severity of his service-connected post-surgical residuals of lung cancer and any associated scars. The AMC/RO will also consider whether a separate rating is warranted for these conditions.

The Veteran's postoperative bone tumor removal from the left tibia is rated at 20 percent, effective October 15, 2009. The scars associated with the bone tumor are rated at 10 percent. Service connection for low-grade chondrosarcoma and a cartilage disorder secondary to the bone tumor have not been granted.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling VA examinations to assess the severity of his service-connected scar residuals of a right thumb laceration and bilateral hearing loss.