Scars decisions — 2013

The Veteran's disability has been rated at 30 percent for scars, unstable or painful since August 23, 2012. The criteria for this rating have been met based on the presence of five or more painful scars.

The Veteran's residuals of a gunshot wound to the right bicep with partial paralysis of the right median nerve are rated at 50 percent, which is higher than the currently assigned 30 percent rating. The other issues remain unchanged.

The Veteran's claim for an increased rating for his service-connected prostate cancer status post complete prostatectomy with residual scar and erectile dysfunction is being remanded due to the need for a new VA examination.

The Board has remanded the Veteran's claims for service connection due to issues related to his low back disability and pain due to scar tissue. The case will be returned to the Board for further review after additional development.

The Veteran's combined disability rating is 50 percent, which does not meet the percentage requirements for schedular TDIU. The Board finds no persuasive evidence suggesting that the Veteran is unemployable due to his service-connected disabilities or that his case is outside the norm.

The Veteran's claim for service connection for degenerative disc disease of the cervical spine has been reopened and is now pending. The VA will conduct further examination to determine if his current shoulder, bilateral leg, and right wrist disabilities are related to his cervical spine disability.

The Veteran's appendectomy scar is rated at 10 percent, and the claim for service connection of an acquired psychiatric disorder (to include PTSD) has been granted.

The Veteran's cervical spine disability was granted a 20% rating prior to October 15, 2012. After that date, the disability is rated at 10%. The Veteran also received separate ratings for incomplete paralysis of the right and left upper extremities, both beginning on October 15, 2012.,The Veteran's neck scar was granted a 10% rating.

The Veteran's service-connected right lower abdominal appendectomy scar has been rated as noncompensable (0 percent) since September 11, 2009. The Board found that the scar did not meet criteria for a higher rating under any applicable diagnostic codes.

The Veteran's appeal has been withdrawn due to his request for withdrawal prior to the Board's decision.

The Board has remanded the case for further development, including obtaining updated VA treatment records and arranging for a VA examination to determine whether the Veteran's sinus disorder is related to service or due to her service-connected asthma with respiratory scarring. The examiner should also assess whether any diagnosed sinus or respiratory disorders are attributable to a medically unexplained chronic multisymptom illness.

The Board denied the Veteran's claims for higher ratings for her service-connected keloid scar of the abdomen and uterine myomectomy residuals, finding that the evidence did not support a rating in excess of the currently assigned noncompensable ratings.

The Board has decided to remand the case for further development, including an addendum opinion from a VA examiner regarding the etiology of the Veteran's lung scarring and whether it is related to asbestos exposure during service.

The Board has remanded the case for additional development, including scheduling a new VA examination and obtaining treatment records. The Veteran's service-connected disabilities are to be considered in determining whether he is unemployable.

The Veteran's claim for a rating in excess of 60 percent for chloracne has been denied as the current assigned rating is more than and equal to the maximum ratings allowed under diagnostic codes 7829 and 7806.,The Veteran's claim for an initial increased rating for acne scar, nose, disfiguring rated as 10 percent disabling as of August 29, 2013 has been denied. The separate rating was granted based on the current version of Diagnostic Code 7804.

The Board found that there is no evidence showing a service-connected condition or medication caused the Veteran's death from hypertensive and arteriosclerotic cardiovascular disease. The examiner concluded it was as likely as not that the Veteran died of natural causes.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation.

The Veteran's claim for PTSD was denied as there is no current diagnosis of the disorder. The Veteran also does not meet the criteria for TDIU due to his service-connected disabilities, as his impairment is primarily caused by non-service connected knee issues.

The Veteran's claims for increased ratings have been withdrawn.,A rating of 10 percent, but no greater, has been granted for the left upper back scar. The Veteran's erectile dysfunction does not meet the criteria for a compensable rating.

The Veteran's service-connected disabilities, including depressive disorder, migraine headaches, and left eye injury with macular scar, do not prevent him from securing and following a substantially gainful occupation.