Scars decisions — 2013

The Veteran's varicocele surgery scar has been granted a 10 percent rating as of his separation from service in November 2008, but the appeal for a higher rating is denied.

The Board has remanded the case for additional development, including obtaining SSA and Workman's Compensation records, scheduling an examination to assess the Veteran's employability due to his service-connected disabilities, and considering whether staged ratings are warranted.

The Board has determined that the Veteran's service-connected disabilities, including right thigh SFWs, neuroma of the right saphenous nerve, degenerative arthritis of the right knee, malaria, and donor scars of the left thigh, so without regards to other factors such as his age and non-service-connected disabilities, prevent him from obtaining or maintaining employment even sedentary work.

The Veteran's service-connected post-operative appendectomy scar residuals with a history of hernia have been rated as noncompensable since December 1, 2004. The Board finds that the evidence does not support an increase in evaluation beyond this initial rating.

The appellant's non-service-connected disabilities, including hepatitis C rated at 40 percent, do not meet the criteria for a permanent and total rating for non-service-connected pension benefits.

The RO properly calculated the combined schedular disability rating for the Veteran's service-connected disabilities following increases in ratings for individual disabilities by a December 2010 rating decision, and he is not entitled to a higher combined rating.

The Board has determined that the Veteran's current back disorder is related to an injury sustained during active service, and grants service connection for this condition.

The Board denied the Veteran's claims of service connection for chronic fatigue syndrome and an eye disability, finding no evidence of a current disability or a link to service.

The Board has determined that service connection is granted for residuals of a foreign body injury to the right eye, but not for hypertension. The Veteran's corneal scar was incurred in service and his headaches are service-connected. However, there is no direct evidence linking hypertension to service or service-connected conditions.

The Veteran's claim for service connection for a heart disorder has been reopened, and he is now entitled to a compensable rating for his scars of the bilateral hands.

The Veteran's claim for an earlier effective date for a 30 percent rating for her left knee disability has been granted, with the effective date set at November 4, 2010.

The Veteran's service-connected low back disability, right wrist fracture, and left hip scar were denied increased ratings. The Veteran did not seek service connection for bronchial asthma.

The Veteran's multiple excision and cryotherapy scars, residuals of basal cell carcinoma of the head and arms, have been rated at 60 percent since August 16, 2005.

The Board has granted an effective date of February 20, 2003 for the total disability rating based on individual unemployability due to service-connected disabilities.

The Veteran is granted special monthly compensation based on the need for aid and attendance due to his service-connected disabilities.

The Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, and the Board grants TDIU on an extraschedular basis.

The Veteran's cause of death was hypoxia, due to aspiration, due to cerebral vascular accident, with end-stage renal disease shown as a contributing cause. The Board found that the service-connected residuals of shell fragment wounds contributed substantially or materially to his death.,The Appellant's claim for DIC benefits under 38 U.S.C.A. § 1318 is dismissed as moot due to the grant of service connection for the cause of death.

The Board has remanded the Veteran's claims due to the need for further development, including a VA examination and medical nexus opinion regarding his burn scars on the legs and tinnitus.

The Board has granted an effective date of March 21, 2000 for the assignment of a separate 10 percent rating for a tender surgical scar on the mid line of the back associated with degenerative changes and disc disease of the thoracolumbar spine with left hip pain.

The Board has determined that the Veteran is not entitled to a compensable rating for his scar residuals of excision of a ganglion cyst from the left wrist, as it does not cause any functional impairment. The right wrist tendon repair remains rated at 10 percent.