Scars decisions — 2014

The Board has determined that the Veteran's current retinal floaters and macular scar of the left eye are related to his military service, granting service connection for both conditions.

The Veteran's father, the appellant, is seeking a higher initial level of special monthly compensation based on the need for a higher level of care under 38 U.S.C.A. Section 1114(r)(2). The case has been remanded due to incomplete records and lack of information regarding the supervision provided by the Veteran's parents.

The Veteran's claim for an initial compensable rating for a right inguinal hernia, status post herniorrhaphy, with residual scar is being remanded due to the need to obtain treatment records from Holy Cross Hospital and L.B., M.D.

The Veteran's claims for service connection for knee and ankle disabilities were denied. The Board found that the effective dates for lumbar spine and left cheek scar disabilities could not be earlier than October 6, 2009 due to lack of prior claims. The claim for a right hip disability was granted with an effective date of October 6, 2009.

The Veteran's service-connected disabilities (bilateral hearing loss, adjustment disorder with depressed mood, diabetes mellitus to include pseudophakia, tinnitus, and residual scar of the right ear) are rated at a combined 80 percent. The Board finds that these conditions render him unable to maintain substantially gainful employment.

The Board has vacated the May 2012 decision and is now remanding the case for further action, including scheduling a Travel Board hearing.

The Veteran's appeal is being remanded for additional development, including obtaining VA eye records and scheduling a VA examination to determine the current nature and severity of his service-connected eye disability.

The Board found that the Veteran's bilateral corneal scars have been manifested by distant vision obtainable after best correction by glasses of 20/40 or better in both eyes, burning and itching analogous to painful scars in both eyes, but no impairment in visual fields, incapacitating episodes, or abnormalities in muscle function. The criteria for a higher initial disability rating of 10 percent for bilateral corneal scars have been met.

The Veteran seeks service connection for scarring of the left arm, claimed as secondary to mustard gas exposure. The claim is currently remanded due to a lack of evidence and need for further examination.

The Veteran's lumbar spine disability, headaches, and left knee scar were not rated higher than the current levels of 10 percent. The evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's service-connected disabilities render him unemployable from performing all forms of substantially gainful employment that are consistent with his education and occupational experience.,The Veteran is entitled to an initial rating in excess of 40 percent for lumbar spine degenerative joint disease and degenerative disc disease, and an initial rating in excess of 30 percent for migraine headaches.,Service connection has been granted for chronic fatigue syndrome as secondary to service-connected sarcoidosis. The Veteran's skin disorder is also service connected as secondary to service-connected sarcoidosis. Service connection has not been established for a respiratory disorder or sleep disturbance.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and arranging for a VA examination to determine if the Veteran has MRSA and its likely etiology.

The Veteran's appeal is being remanded due to the need for a statement of the case on his right inguinal hernia and left inguinal hernia claims, as well as scheduling a hearing before a Veterans Law Judge.

The Veteran's claim for an initial rating higher than 10 percent for GERD with residual surgical scarring is denied. The effective date of service connection remains February 10, 2009.

The Veteran's claim for service connection for allergic rhinitis was reopened and granted. His residual scar from ventral hernia repair is rated at 10 percent.

The Veteran's appeals for increased initial ratings for his service-connected left ankle, right knee, and left knee disabilities were denied. The Board found that the evidence did not meet the criteria for a rating greater than 10 percent for any of these conditions.

The Veteran's claims for increased ratings were denied. The right upper thigh SFW was rated at 10%, the muscular residuals of the right posterior chest and scar as a residual of the right posterior chest were both rated at 10%, and the muscular residuals of the right (dominant) upper arm were rated at 10% effective May 8, 2007. The low back disorder was denied for higher ratings.

The Veteran's scar of the left wrist, status post removal of ganglion cyst, did not cause any limitation of function and was not painful on examination prior to September 23, 2011. On and after September 23, 2011, the Veteran's scar was found to be painful but not unstable or with frequent loss of covering of the skin over the scar.

The Board has remanded the case for further development due to inadequate reasons and bases in its previous decision, including reliance on an inadequate VA opinion. The Veteran's TDIU claim will be reconsidered after a new examination is conducted.

The Board determined that the Veteran did not serve in Vietnam and thus could not establish exposure to herbicides. The claims for PTSD, bilateral eye disability, GSW/SGW residuals, scars of the face and right armpit, and TBI were all denied as there was no credible evidence linking any current conditions to service.