Scars decisions — 2014

The Veteran's claims for increased ratings for bilateral hearing loss and scar of the right hand were denied as his conditions did not warrant a higher rating under VA regulations.

The Veteran's appeal is remanded to obtain a new VA examination and consider the applicability of diagnostic codes pertaining to right knee disability.

The Veteran's appeal is being remanded for additional development to determine the current severity of his service-connected psychiatric disability and whether it renders him unable to secure or follow a substantially gainful occupation.

The Veteran's service-connected conditions have been rated appropriately, and he is granted a TDIU rating.

The Veteran's cervical strain was incurred in service and is granted service connection. Bilateral hearing loss disability has not been shown during the appeal period, thus denial of service connection. Lung scarring due to pneumonia was also incurred in service and is granted service connection.

The Veteran's service-connected prostate cancer and related incontinence residuals have effectively resulted in loss of both lower extremities such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair. As such, he is entitled to specially adapted housing.

The Veteran's service-connected disabilities, including bilateral hearing loss, adenocarcinoma (lobectomy), tinnitus, and a surgical scar from his thoracotomy, make it impossible for him to secure or follow a substantially gainful occupation. The Board finds that the evidence is in equipoise as to whether these conditions alone preclude employment.

The Veteran's appeal has been dismissed due to his death. No decision was made on the merits of any claims.

The Veteran's service-connected burn scars of the face and ears are rated at 80 percent, effective from the date of this decision.

The Veteran's appeal is being remanded for additional development, including obtaining treatment records from his podiatrist and VA examinations to assess the severity of his service-connected disabilities.

The Veteran's melanoma scarring was not incurred or aggravated by active service, and the Board finds that it is unrelated to his exposure to herbicides in Vietnam.

The Board has remanded the case for an addendum opinion to assess the cumulative effect of the Veteran's service-connected disabilities on his employability, given his level of education in nursing.

The Board finds that the Veteran's current scar on his right leg and bilateral hearing loss are related to service, warranting service connection.

The Veteran's appeal for service connection of residuals of a left hand injury other than a left thumb scar and left thumb digital nerve damage was denied. His claims for increased ratings for bilateral hearing loss, tinnitus, and his service-connected left thumb scar and left thumb digital nerve damage were also denied.

The Board has reopened the claim of entitlement to service connection for sleep apnea due to new and material evidence. The Veteran's current diagnosis of sleep apnea is found to have its onset during active service, and he was treated for symptoms of snoring and cessation of breathing while in service. Service connection is granted for sleep apnea. The Board also finds that the Veteran has a left knee scar status post cyst removal and facial scars as a result of acne vulgaris which had its onset during active service.

The Board has determined that the Veteran's facial scars on left temporal, transverse chin, and anterior aspect of chin meet the criteria for a combined 30 percent rating based on one characteristic of disfigurement (elevated or depressed surface contour) under Diagnostic Code 7800, and two unstable and painful scars under Diagnostic Code 7804.

The Veteran seeks service connection for residuals of a laceration to his left index finger, which he claims occurred in service. The Board finds that additional development is needed due to the absence of almost all of the Veteran's service treatment records and requests for these records be made.

The Board has remanded the case for additional development, including obtaining VA and private treatment records, arranging for a VA examination to determine the severity of the Veteran's cervical spine disability and forehead scar, and obtaining an addendum opinion from the April 2012 VA audiological examiner regarding the nature and etiology of his bilateral hearing loss and tinnitus.

The Board has denied service connection for allergic colitis, rib fractures, and facial scarring as there is no current disability to support these claims.

The Veteran's appeal is being remanded due to the need for clarification regarding additional limitation of motion and instability during flare-ups. The Veteran will be provided a new examination to address these issues.