Scars decisions — 2013

The Veteran's claim for an effective date earlier than March 18, 2008, for the grant of service connection for lumbosacral strain is denied. The RO has already assigned the earliest possible effective date provided by law.

The Board has remanded the case for further development to determine if the Veteran is unemployable due to his service-connected disabilities.

The Veteran's scars from breast reduction surgery and her right knee arthritis are service-connected, with the scars receiving a single 10% rating. The Veteran is also entitled to a temporary total disability evaluation for one month following her January 28, 2009 right knee arthroscopic patellar chondroplasty.

The Board has decided to remand the case for additional development, including obtaining service treatment records and providing a VA examination.

The Board has granted service connection for left foot pain, which is considered a qualifying chronic disability due to undiagnosed illness or other qualifying chronic disability. The Veteran's scars of the upper back and sleep apnea are also found to be related to his military service.

The Veteran's claims for increased evaluations of her service-connected right ankle and right hand fifth metacarpal disabilities are being remanded due to the need for additional development, including obtaining medical records and scheduling VA examinations.

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

The Veteran's scar of the right forehead is found to be incurred during service, and he has a current disability. The Board finds that service connection for his skin disability (eczema), prostatitis, hematuria, and residuals of nasal fracture are warranted.

The Board finds that the Veteran was unemployable due to service-connected disabilities since March 1996, and grants an effective date of March 25, 1996 for the award of a TDIU.

The Veteran's claims for increased ratings and a compensable rating for his inguinal hernia were denied. The Board found that the current 10 percent rating for ilio-inguinal nerve entrapment is appropriate, as well as the noncompensable rating for status post left inguinal hernia repair.

The Board has determined that the Veteran's current left leg scar, which was incurred in service, meets the criteria for service connection.

Effective August 9, 2005, the Veteran's service-connected PFB covers more than 40 percent of exposed areas affected and has required constant use of topical corticosteroids. Prior to November 8, 2010, his scar of the scalp was not unstable or painful.,From November 8, 2010, the Veteran's scar of the scalp is now considered unstable and painful but does not cover at least 72 square inches, have five or more scars that are unstable and painful, or six or more characteristics of disfigurement.

The Board finds that the Veteran's service-connected disabilities, including her back and knee conditions, prevent her from securing or maintaining substantially gainful employment. The criteria for a TDIU evaluation are met on an extra-schedular basis.

The Veteran's stellate scar on the tip of the nose is rated as 10 percent disabling, and a temporary total rating based on convalescence following left shoulder surgery is granted.

The Veteran is seeking service connection for residuals of spontaneous pneumothoraces, other than scars. The Board has determined that a VA examination is needed to address the etiology of his claimed condition and remands the case for this purpose.

The Veteran's hypertension and scars of the chest and left lower extremity have been evaluated as noncompensable under VA rating criteria. The Board finds that the evidence does not support a compensable evaluation for any of these conditions.

The Veteran's claims for service connection were denied. The initial compensable evaluation and increased rating claim for residuals of laceration scar over right eye was denied, as the scars do not meet criteria for a compensable evaluation. The claim for an increased evaluation for fracture at the distal head of the right fifth metacarpal (dominant) was also denied. Service connection for hypertension, secondary to herbicide exposure, and service connection for a right arm disorder were both denied. PTSD was granted as incurred in active military service.

The Board denied the Veteran's claims for service connection for multiple scars and dental treatment, finding that the evidence was in equipoise on whether his right knee disability caused injuries during a bicycle accident. The Court vacated this decision and remanded the case.

The Board has remanded the case for additional development, including obtaining VA and private medical records, scheduling examinations, and re-adjudicating the TDIU claim.

The Veteran's appeal is being remanded for additional development, including obtaining employment records and conducting VA examinations to assess the impact of his service-connected disabilities on his employability.