Scars decisions — 2014

The Veteran's claim for an earlier effective date for service connection of a residual scar, status post lumbar spine discectomy was denied as there was no prior claim filed before May 20, 2009.

The Veteran's appeals for increased ratings were withdrawn. The initial rating of 10 percent for coronary artery disease (CAD) prior to August 13, 2008, and the higher than 60 percent rating from August 13, 2008, through December 4, 2008, are denied. The Veteran's right knee disability is rated at 10 percent as of December 4, 2008.

The Veteran's death was caused by squamous cell carcinoma of the ear, nose and throat with metastatic disease. His service-connected conditions did not contribute to his death.

The Veteran's current left foot and ankle symptoms are related to the in-service injury of a laceration to the left foot due to a motorcycle accident, which is considered incurred in active military service.

The Board has granted service connection for bilateral hand scars, finding that the Veteran's current scars are attributable to his in-service burn and laceration injuries. The issue of entitlement to service connection for bilateral hearing loss is remanded due to a lack of recent audiometric testing.

The Board has determined that the Veteran does not have residuals of a back injury, and therefore, service connection for this condition is denied. The claim for an acquired psychiatric disorder to include PTSD remains pending as it involves current diagnoses but requires further development due to conflicting evidence regarding in-service stressors. Service connection for bilateral knee pain and scars is also pending.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and a VA examination to assess his employability due to service-connected disabilities.

The Board has reopened the claims of service connection for DM and a gallbladder condition due to new evidence received since the June 1998 rating determination. The original grants of service connection were not final as there is no indication that any claim was filed prior to April 1, 1992.

The Board has granted service connection for back scarring and assigned a 30 percent disability rating effective June 8, 2009. The Veteran's claim for higher initial ratings for chloracne is denied.

The Veteran's claim for service connection for TMJ, Cranial Nerve V/trigeminal nerve damage, and residual scarring in the areas of the left cheek, left ear, chin, and forehead (each representing an individual scar) has been granted.,Service connection was also established for a laceration scar on the left knee. The Veteran's claim for higher ratings for his right shoulder disorder and cervical spine disability is pending.

The Veteran's initial increased rating claims for left lower leg scars and peroneal nerve entrapment were denied. The Veteran is not entitled to an increased rating under the applicable diagnostic codes.

The Veteran's right arm disability is not service-connected, and his left shoulder, upper arm, and ulnar neuropathy disabilities do not support a higher rating or TDIU.

The Veteran's service-connected TBI residuals warrant a 70 percent rating, and his painful scars of the abdomen and buttocks each warrant a separate 20 percent rating.

The Veteran's claims for PTSD, left knee disability, cardiovascular condition, neck disability, lumbar spine disability, right knee disability, and left foot disability have been reopened. Claims for scars of the face and head and residuals of a right thumb and hand injury were not reopened.

The Veteran's gall bladder removal and postoperative scars have been granted service connection with a 20% rating, effective September 14, 2008. However, the current severity of his condition has not been assessed in the most recent examination.

The Board has remanded the case for additional development, including obtaining private treatment records and scheduling a Social and Industrial Survey to determine if the Veteran's service-connected disabilities preclude him from securing or following substantially gainful employment.

The Veteran's claim for an increased disability rating in excess of 10 percent for service-connected residuals of a head injury to include right eyebrow scar, soreness and headaches is being remanded due to the need for a new VA examination.

The Veteran's left shoulder gunshot wound residuals are currently rated at 30 percent, and his gunshot wounds scars to the left shoulder and chest are currently rated at 20 percent. The Veteran is also granted a TDIU.

The Board has remanded the case due to incomplete records and the need for additional medical opinions regarding the Veteran's claimed sleep disorder or insomnia, as well as his residuals of a left foot stab wound with scar.

The Veteran's claim for an earlier effective date for the grant of service connection for a shell fragment wound (SFW) scar of the left buttock was denied. The Board found that no formal or informal claim had been filed prior to July 25, 2005, and thus the effective date could not be set earlier than this date.