Scars decisions — 2014

The Veteran is denied an effective date prior to February 4, 2010 for the award of service connection for a post-operative scar of the right forearm. The effective date will be set at the earliest date where entitlement arose, which was after the date of claim.

The Board has determined that the Veteran does not have a current right foot disability, and therefore cannot establish service connection for his claimed right foot scar and tendonitis.,Regarding the right shoulder disability, the evidence does not show an in-service injury or disease. The VA examiner opined that it is at least as likely as not related to being thrown from a jeep that hit a land mine during service.

The Veteran's service-connected scar of the lateral aspect of the right humerus is rated at a noncompensable level, but granted an initial 10 percent evaluation due to pain.

The Veteran's hypertension, a right knee scar, and a pulmonary disability (including as due to exposure to asbestos) are all found to be service-connected. The Veteran is granted an initial noncompensable rating for his right knee scar since April 27, 2010.

The Veteran's bilateral foot disability, including painful scars and hammertoes, has been rated at 30 percent since the date of claim. The Board also granted a separate 10 percent rating for her painful scar on the left foot.

The Veteran's left foot scars are currently rated as 10 percent disabling. The Board has determined that the evidence supports a higher rating of 20 percent under the current VA Schedule for Rating Disabilities.

The Veteran's painful scar on his left fourth finger is rated at 10 percent, the maximum rating available under VA regulations. The Board finds no basis for a higher rating.

The Veteran's appendectomy scar is rated at 10 percent, and his right knee disability with arthritis is rated as 20 percent disabling.

The Veteran's back disability is granted as service connected. The Veteran's malaria and shrapnel scar of the left facial region are each rated at 10 percent.

The Veteran's claims for increased ratings and effective dates have been denied. The Board found that the evidence did not support a finding of entitlement to an earlier effective date or higher disability ratings.

The Board has determined that the Veteran's acne with residual scars does not warrant an initial compensable rating as it is superficial and does not meet the criteria for a higher evaluation under any applicable diagnostic code.

The Veteran's abdominal scars have been rated at 20 percent since January 2009, reflecting the pain and instability of the three scars.

The Board has remanded the case for additional development, including obtaining medical records and determining whether the Veteran served on active duty or inactive duty training in March 1990.

The Veteran's right temporal orbital rim scar is manifested by some occasional irritating itchiness in the scar, and a compensable evaluation of 10% has been granted.

The Veteran's service connection claims for left arm scar and bilateral hearing loss are both granted. The Board found that the Veteran's current bilateral hearing loss is related to in-service noise exposure, while his claim of a left arm scar was dismissed due to withdrawal.

The Veteran's residual scar from the appendectomy is characterized by paresthesia and a pins and needles sensation, which meets the criteria for a compensable rating under Diagnostic Code 7804.

The Board has determined that the Veteran's cause of death, occlusive coronary arteriosclerosis, was causally related to his service-connected disabilities and extended the benefit of doubt in favor of the appellant.

The Board has determined that the Veteran is in need of regular aid and attendance due to his service-connected disabilities, which warrants an award of SMC based on this need.

The Veteran's post-operative anal fistulectomy with incontinence was rated at 10 percent for the period prior to August 1, 2012.,For the period from August 1, 2012 to January 14, 2014, the Veteran's disability warranted a rating of 30 percent.,Since January 14, 2014, the Veteran is entitled to a 60 percent rating for his post-operative anal fistulectomy with incontinence.,The claim for service connection for post polio complications was reopened.

The Veteran's pseudofolliculitis barbae with scars is currently rated at 50 percent, the maximum schedular rating available. The Board finds that this rating adequately reflects the severity and effects of his disability as contemplated by the applicable rating criteria.