Scars decisions — 2015

The Veteran's service-connected cornea scarring, bilateral eyes, resulted in visual acuity of 20/40 or better in both eyes. The Board found that this did not meet the criteria for an initial compensable rating under any applicable diagnostic codes.

The Veteran's claim for increased ratings for his lumbar spine and lower extremity radiculopathy disabilities was denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's initial compensable disability rating for large cell lung cancer and residual scarring from left upper lobectomy was denied. The claim for higher evaluation of anxiety disorder and depressive disorder as secondary to the service-connected disability of large cell lung cancer status post left upper lobectomy is pending.

The Veteran's service-connected disabilities render him in need of regular aid and attendance, which is granted for the period from June 2010 to May 2013.

The Veteran's residual scar from an appendectomy is currently rated as noncompensable due to its small size and lack of symptoms such as pain or limitation of motion. The Board finds that the current evaluation adequately reflects the severity of his disability.

The Veteran's service-connected disabilities (bilateral hearing loss, tinnitus, scar of the left inner arm, and PTSD) alone were found to be of such severity as to preclude him from obtaining or maintaining any gainful employment between July 9, 2009, and his death in December 2012.

The Veteran's service connection claim for a disability manifested by uncontrollable body shakes is denied as there is no evidence of any neurological disorder or other ascertainable chronic disability. The Veteran's TDIU claim is also denied as his service-connected disabilities do not render him unemployable.

The Veteran's claims for higher initial ratings for left foot disorders and service connection for prostate cancer are being remanded due to the need for additional development.,The Veteran's claim for a compensable initial rating for his left foot scar is also being remanded. The Veteran has provided lay assertions indicating that his lower back and left foot conditions have worsened since VA examinations conducted over 11 years ago, necessitating a new examination.,Regarding the service connection claims, the AOJ must determine whether the Veteran was exposed to herbicides during service in Vietnam, as he maintains. If not, the claim for prostate cancer will be denied due to lack of evidence of exposure. The AOJ should also conduct an examination into any asbestos exposure and assess its potential impact on the Veteran's health.,The Veteran claims that his leakage and impotency are related to his prostate cancer treatment. The AOJ must determine whether these residuals are service-connected, as well as if they are aggravated by his prostate cancer.

The Veteran's appeal is being remanded due to his active duty status, and he will be scheduled for a videoconference hearing before the Board after his discharge from active duty.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted his claim for total disability rating based on individual unemployability. The claims for increased ratings for lumbar strain, PTSD, and right wrist were withdrawn by the Veteran during his hearing.

The Board has determined that the Veteran's intervertebral disc disease of the cervical spine and right arm neuropathy and myopathy are related to his military service. The lumbosacral degenerative disc disease and degenerative joint disease status post-surgery with residual scars have also been granted as a direct result of service connection.

The Veteran's claim for service connection and a 10 percent rating for a scar, right side of chest, status post resection of the eleventh rib, status post nephrectomy was granted with an effective date of April 10, 2002.

The Board has granted an initial disability rating of 30 percent for the Veteran's TBI, effective December 4, 2008. The Veteran also received a separate 30 percent disability rating for dementia, and was granted a 30 percent disability rating for migraine headaches from December 4, 2008.

The Veteran's facial scarring of the chin and bearded area is manifested by no more than three characteristics of disfigurement, warranting a 30% rating. The issue of service connection for facial scarring over right eye is addressed in the REMAND portion of the decision.

The Veteran's service-connected scar status post excision of cyst with gynecomastia is currently rated at 10 percent, and the evidence does not support a higher rating as there are no indications that the condition is unstable or causes any additional limitation of motion.

The Board has granted a 10% rating for the Veteran's right fourth finger disability, finding that it more closely approximates being equivalent to an amputation of the right fourth finger at the proximal interphalangeal joint. The issue of entitlement to an extraschedular rating remains pending.

The Board has denied the Veteran's claims for an initial, compensable rating for a residual appendectomy scar and service connection for an anal fissure.

The Board has granted service connection for chronic headaches, granted a compensable rating for residual scar left foot laceration prior to May 6, 2011, and denied entitlement to higher ratings for the other conditions. The Veteran's GERD and bilateral pinguecula were also found not to warrant compensable ratings.

The Veteran's appeal is remanded due to the need for additional examinations and development of her hidradenitis suppurativa and left forearm scar claims.

The Board has determined that the Veteran's current neck scar and arthritis of the neck are not service-connected because they resulted from a birthmark removal surgery in service, which is considered an ameliorative procedure. The Board found no evidence to support aggravation of these conditions during service.