Scars decisions — 2013

The Veteran's claim for TDIU was denied as he failed to appear at the scheduled VA examination and did not provide good cause for his absence.

The Veteran's claims for increased ratings for left knee PFS, left ankle tendonitis, left elbow bursitis, and associated scars have been denied as the evidence does not show any functional loss due to pain or other factors that would warrant a higher rating.

The Veteran's service-connected residual scar, status post laceration of the right groin, which measures 0.1 inches by 7 inches and is asymptomatic with no limitation of function or limited motion, does not meet the criteria for a compensable disability rating.

The Veteran's service-connected disabilities combine to meet the criteria for a total disability rating based on individual unemployability due to his depression and other service-connected conditions.

The Board has determined that the Veteran's claims for service connection for bilateral hearing loss, calluses of feet, hypertension, and a scar of the left eyebrow are denied as there is no competent evidence of current disabilities or a nexus to service.

The Veteran's shell fragment wound scar on the left arm is not rated compensably, and his bilateral hearing loss has been rated appropriately based on VA examination findings.

The Veteran withdrew his appeals for service connection for sleep apnea and high blood pressure prior to the Board's decision.

The Veteran's service-connected disabilities were rated based on their severity under the applicable rating criteria. His right fibula fracture was rated 20% prior to August 6, 2008 and 40% from December 1, 2008. The scars of his nose, left side of face, and scalp were rated as compensable.

The Veteran's appendectomy scar is rated at 10 percent, the maximum schedular rating available for a superficial scar with pain. The appeal regarding service connection and tinnitus remains pending as 'unknown', while the claim for a compensable rating for the appendectomy scar has been granted.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with a VA examination to assess his service-connected lung cancer and residual scarring.

The Veteran's service-connected eye disability, diabetes mellitus, and appendectomy scar have rendered him unable to secure or follow a substantially gainful occupation due to the severity of his disabilities.

The Veteran's service connection claims for bilateral eye dryness, atypical chest pain, chronic congestive epididymitis (residual of vasectomy), rhinitis, asthma, hemorrhoids with rectal fissure, nephrolithiasis, residual scar from ganglion cystectomy, and residuals of cubital tunnel syndrome have been granted. The Veteran's service connection claims for increased ratings are denied.,The Veteran has a current disability manifested by bilateral eye dryness that is not considered a disability under VA compensation laws. His atypical chest pain was incurred in service and is considered a qualifying chronic disability.

The Veteran's appeals for higher ratings on his service-connected left arm shrapnel wounds, diabetic retinal changes with bilateral cataracts, and scarring due to the left arm shrapnel wounds have been dismissed as he has withdrawn his appeal.

The Veteran's cause of death, small bowel ischemia, was found to be related to his service-connected varicose veins and PVD. The Board granted service connection for the cause of death based on direct service connection.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Tallahassee Memorial Hospital on June 6, 2009 is denied as the treatment did not meet the criteria for emergency services and no VA facility was feasibly available.

The Veteran's claims for service connection for an acquired psychiatric disorder, increased ratings for total knee replacement with associated scars, and a higher rating for right knee degenerative arthritis were denied. The Board found that the evidence did not support granting any of these claims.

The Veteran's service-connected SFW scars of the left arm and shoulder are currently rated at 10 percent each, which is the highest evaluation available under DC 7804. The Board finds that a higher rating is not warranted as there is no evidence of limitation of motion or other functional impairment.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The Veteran's appeal is being remanded due to the need for a hearing before a Decision Review Officer at the Baltimore, Maryland RO and issuance of a statement of the case on the effective date issue. The claims for service connection for headaches and caesarean section scars are also being remanded.

The Veteran's service-connected conditions have been rated appropriately, with no need for higher ratings.