Scars decisions — 2014

The Board has determined that service connection is granted for hearing loss, tinnitus, and corneal scarring of the right eye based on in-service disease or injury.

The Board found that the Veteran does not have current right lower extremity scarring related to service and his circulatory problems are more likely secondary to smoking, thus denying both claims.

The Veteran's appeal is being remanded due to the need for additional private treatment records from his treating physician, R.W., M.D. These records are necessary to properly assess and rate his respiratory disorder and scar of the left hand.

The Veteran's unauthorized medical expenses incurred at the University of Kentucky Hospital from September 7, 2012 to September 11, 2012 are now covered by VA as they were for a continued medical emergency due to service-connected disabilities.

The Veteran's service connection claim for a left shoulder disorder is being remanded. The initial disability rating for painful scars and the higher rating for scars are both denied.

The Veteran's appeal is being remanded for additional development, including obtaining service personnel records and medical records from his in-service treatment at Great Lakes Naval Hospital. A VA examination will be conducted to determine the nature and etiology of any left thumb disorders, bilateral hearing loss, tinnitus, and scar of the left thumb.

The Veteran's residuals of a gunshot wound to the left buttock with injury to muscle group XVII are rated at 40 percent, and his gunshot wound residual scar is separately rated at 10 percent. Both conditions meet the criteria for their respective ratings based on the severity of the disability.

The Board found that the Veteran's cause of death was not related to his service-connected disabilities, and denied the claim for service connection for the cause of the Veteran's death.

The Veteran's appeal for increased ratings has been withdrawn by his authorized representative.

The Veteran's scar of the right buttock is painful, superficial, stable, and smaller than 39 square cm. The Board finds that a higher rating for this condition is not warranted.

The Veteran's left ankle and Achilles tendon disability is currently rated at 20 percent, but the combined evaluation for all related conditions (XI muscle group injury, scars of bilateral lower extremities, anterior tibial nerve injury) results in an overall rating of 80 percent. The claim for increased ratings remains pending.

The Veteran's claim for a compensable disability rating for his residual laceration scar of the forehead is being remanded due to inadequate examination documentation and the need for unretouched color photographs.

The Veteran's right eye corneal scarring is not shown to be productive of active pathology or any impairment of visual acuity, and thus does not warrant a compensable rating.,The currently demonstrated left shoulder impingement syndrome is not shown to be due to an event or incident of the Veteran's active service.

The Board has remanded the case due to additional evidence being associated with the record, and a new VA examination is needed for an opinion on whether the Veteran suffers from any other disabilities as a result of the in-service laceration to the right eye. The claim will be reconsidered after this additional development.

The Veteran's skin condition, manifested by intermittent papules that become itchy and filled with pus, is currently rated at 20 percent under the analogous diagnostic code for acne. The claim for service connection for acne vulgaris of the face was withdrawn.

The Board has determined that the Veteran's disability level and symptomatology are adequately described by the current schedular rating criteria, thus no extraschedular rating is warranted.

The Veteran's service-connected scars above the left eye and on forehead, chin and left ear are stable with no pain or functional impairment. The current rating of 10 percent is appropriate.

The Veteran's claims for an effective date earlier than May 18, 2007 for a 10 percent rating for scars of the left humerus and right leg were denied.,The Veteran's claims for an effective date earlier than May 18, 2007 for a 10 percent rating for scars of the right hip and right leg from knee to top of femoral neck below right knee were also denied.

The Veteran's claim for service connection for a left shoulder injury (not including residual scar) was denied. The Board found no causal link between the current left shoulder moderate osteoarthritis and service. For the period from March 3, 2008 to May 14, 2009, the Veteran's service-connected left shoulder scar did not meet the criteria for a compensable rating. From May 14, 2009, the criteria for a rating in excess of 10 percent were also not met.

The Veteran's appeal was denied for service connection for various conditions, including a bilateral foot disability and a sinus disability. The Board found no current evidence of these conditions but granted service connection for a visible scar on the right toe.