Scars decisions — 2013

The Veteran's claim for a TDIU was remanded due to the need for additional development, including VA medical examinations and consideration under 38 C.F.R. § 4.16(b). The case is now being submitted to the Director of Compensation and Pension Service for extraschedular consideration.

The Veteran's initial compensable rating claim for a cesarean section scar was denied as the scar did not meet the minimum surface area requirements for a compensable evaluation.

The Veteran's appeals have been dismissed as he has withdrawn his claims for service connection and increased evaluations.

The Board has remanded the Veteran's claims of entitlement to a compensable disability rating for service-connected tension headaches and entitlement to total disability rating due to individual unemployability as a result of service-connected disabilities. The case is being returned to the RO for further development.

The Veteran's ischemic monomelic neuropathy affecting the left leg, aneurysm with thrombosis of the left popliteal artery, abscess of the left thigh with a residual scar, and diabetes mellitus are all found to be proximately caused by carelessness, negligence, or lack of proper skill on the part of VA medical providers. As such, compensation benefits under 38 U.S.C.A. § 1151 are granted for these conditions.

The Veteran's appeal is being remanded to schedule a Travel Board hearing before a Veterans Law Judge at the earliest opportunity.

The Veteran's bilateral foot disorder, specifically plantar fasciitis with pes planus, status post plantar fascial release with scars, is currently rated at 20 percent for each foot prior to May 26, 2011 and the Board finds that this rating is warranted based on moderate impairment.

The Board denied the motion alleging CUE in a March 5, 1971 rating decision that did not award an evaluation for loss of part of skull. The facts and law at the time were considered, and it was determined that there was no clear and unmistakable error.

The Veteran's initial evaluations for his right forearm scar, left foot plantar fasciitis, and PFB have been granted. The right forearm scar received a 10 percent evaluation, the left foot condition was rated noncompensable, and PFB is currently rated at 30 percent since September 15, 2010.

The Veteran is seeking an initial compensable disability evaluation for his service-connected residuals of a left index finger laceration. The case has been remanded due to the need for additional examination and development.

The Board found no indication of fault, carelessness, or negligence in the March 2009 surgery. The Veteran's additional disabilities are considered to be unrelated to the VA treatment.

The Veteran's TDIU claim is being remanded for further development, including obtaining her vocational rehabilitation records and a VA examination to assess her employability due to her service-connected disabilities.

The Veteran first met the criteria for entitlement to SMC as of February 12, 2002. His effective date for SMC is set at this point.

The Veteran's appeal is being remanded for additional examinations and to obtain relevant medical records. The issues of increased ratings for his service-connected knee and thigh conditions are the focus.

The Veteran's claims for higher initial ratings and service connection were denied. The appeal is currently pending as the RO has granted a higher rating for her residuals of hysterectomy for fibroid uterus.

The Veteran's TDIU claim is being remanded for additional development, including a VA examination to assess his employability due to service-connected disabilities and obtaining any outstanding VA treatment records.

The Veteran's service-connected hand disabilities are found to be of such severity that they prevent him from securing and following a substantially gainful occupation.

The Veteran is seeking an earlier effective date for a total disability rating based on individual unemployability. The case has been remanded due to the need for additional development, including obtaining a VA medical opinion regarding whether his service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation from February 1, 1999, to February 2000.

The Veteran is seeking service connection for residuals of a head injury sustained during active duty in Korea. The case has been remanded to obtain additional records and conduct further examination.

The Veteran's initial noncompensable rating for residual burn scar of the right forearm remains unchanged.,Service connection for bilateral hearing loss and tinnitus is denied.