Scars decisions — 2015

The Veteran's service-connected scar did not result in any painful or unstable condition prior to December 8, 2014. Therefore, she is not entitled to an initial compensable rating for her scar.

The Veteran's appeal for an increased rating for PTSD was withdrawn. The Board has granted a TDIU based on the Veteran's service-connected disabilities, including PTSD.

The Veteran's appeal is being remanded for additional development. He has requested a Board hearing, which will be scheduled.

The Veteran's service-connected right shoulder impingement status post arthroscopic surgery with superficial neuropathy of the right anterior shoulder is currently rated as 10 percent disabling.,The Veteran's service-connected left knee patellofemoral pain with Baker's cyst is currently rated as noncompensable (0 percent) and has not been increased since December 2009.

The Veteran's voiding dysfunction is currently rated at 20 percent, effective October 9, 2012. A separate compensable rating of 10 percent for a painful scar related to her service-connected internal scarring has been granted since June 22, 2015.,The Veteran's internal scarring, residuals of cesarean, is currently rated at 20 percent.

The Board denied the Veteran's claims for increased ratings and service connection, finding that his conditions did not meet the criteria for a compensable rating or direct service connection.

The Veteran's service-connected disabilities, including right knee degenerative joint disease, left knee strain, residuals of a fracture of the right tibia and fibula, right ankle degenerative joint disease, and left eye corneal inferior scar, have rendered him unable to secure or follow substantially gainful employment.

The Veteran's lumbar spine disability has been primarily manifested by pain on use, with some pain on palpation, and moderate to severe limitation of motion. The Board found that the current rating of 40 percent is appropriate given his forward flexion of at least 20 degrees during the appeal period.

The Board has determined that a remand is necessary to obtain an opinion regarding the etiology of the Veteran's death and whether his service-connected disabilities contributed to or hastened his death. The appellant claims that her husband was exposed to herbicides during service, had complications from his service-connected conditions, and did not have active cancers prior to his death.

The Board has determined that the issue of whether the Veteran should receive a separate rating for residuals of traumatic brain injury as noted in the February 2013 TBI examination report, based on the level of impairment in the facets of cognitive impairment and other residuals of TBI, has been raised by the record. The case is also remanded to return the claims file to the examiner who provided the aid and attendance/housebound opinion in February 2013 or reschedule for another VA examination if feasible.

The Veteran's claim for an earlier effective date for a 10% disability rating for his left cheek scar is denied as the June 1995 decision assigning May 22, 1995 as the effective date was final and there is no legal basis for the Veteran's claim.

The Veteran's appeal involves multiple issues including increased ratings for various service-connected disabilities, a TDIU claim, and the assignment of combined disability ratings. The Board has determined that some claims have been granted while others remain pending.

The Veteran's left ankle disability is rated at the maximum allowable under DC 5271, and a higher rating is not warranted.,The Veteran's left foot plantar fasciitis is currently rated as 20 percent disabling, which represents the highest available rating under DC 5276. A higher or separate rating is not warranted without evidence of ankylosis, astragalectomy (the surgical removal of the talus bone), or malunion of os calcis or astragulus bones.,The Veteran's left knee bursitis does not meet the criteria for a compensable rating under any applicable DCs. The highest available rating is 10 percent under DC 5284, as it is rated as 'other foot injury'.,Bilateral hearing loss is currently rated at zero percent and no higher ratings are warranted based on the provided information.

The Veteran's appeal is being remanded to obtain additional treatment records and afford him new examinations. The case will be returned to the Board for further consideration.

The Board denied a compensable rating for scars of the head and face in June 1972, finding that they were no more than slightly disfiguring. The Veteran's representative argued that the evidence showed moderate rather than slight disfigurement.

The Board has granted the Veteran's claim for service connection for a bilateral eye disability, including pterygium and scars. The decision is based on new evidence submitted by the Veteran that was not previously considered.

The Veteran's hearing loss and scar from liver transplant are not rated higher than the current noncompensable ratings, with no compensable rating for hearing loss prior to March 17, 2015, and a 10 percent rating since then. The Veteran's scar is currently rated as 10 percent disabling.

The Veteran's service-connected disabilities prior to June 1, 2011 met the percentage requirements for a TDIU and her unemployability was found due to her asthma.

The Veteran's hypertension is currently rated at 10 percent, but the appeal for an increased rating remains denied.