Scars decisions — 2015

The Veteran's appeal includes multiple issues related to his knee and foot conditions, as well as asthma. The Board has remanded these matters for further action.

The Veteran's right knee disability is currently denied, but service connection for asthma has been granted. The left knee disability remains at a noncompensable rating and the scars of both feet are rated as 10 percent each.

The Veteran's left knee disability, including arthritis and postoperative residuals of a meniscectomy with scar, is currently rated at 20 percent. The appeal for an increased rating has been denied.

The Veteran withdrew his appeal for increased ratings in December 2013, prior to the Board's decision.

The Veteran's initial claims for higher ratings for his service-connected musculoligamentous strain of the thoracolumbar spine with multilevel degenerative arthritis, right inguinal hernia status post repair with residual scar, and left inguinal hernia status post repair with residual scar were denied. The evidence did not meet the criteria for a higher rating during the periods in question.,The Veteran's service-connected musculoligamentous strain of the thoracolumbar spine with multilevel degenerative arthritis was rated as 10 percent disabling from February 1, 2008 to June 9, 2009 and as 40 percent disabling from June 9, 2009 to March 1, 2010. The Veteran's right inguinal hernia status post repair with residual scar was rated as noncompensable prior to June 12, 2009 and over 10 percent thereafter. The Veteran's left inguinal hernia status post repair with residual scar was rated as noncompensable prior to June 12, 2009 and over 10 percent thereafter.

The Board has remanded the case for a new VA examination with an industrial/occupational specialist to determine whether the Veteran's service-connected disabilities render him unemployable. The TDIU claim will be reconsidered following this development.

The Board is remanding the case due to difficulties in contacting the Veteran and obtaining outstanding VA treatment records. The claims for reopening a service connection claim for a lower lip scar and for a compensable rating for bilateral hearing loss will be reconsidered.

The Veteran's post-operative right thumb scar was evaluated as noncompensable under the rating criteria, and the Board found no basis to grant a higher or separate disability rating.

The Veteran's PTSD with depression, left knee degenerative joint disease, right knee degenerative joint disease, malunion fracture of the right femur, proximal right tibia osteomyelitis, residual scar of a shell fragment wound to the left side of the left leg and multiple residual scars from multiple shell fragment wounds to the shoulders, left forearm and lower extremities have been rated based on their current manifestations. The Veteran's PTSD with depression has been granted an increased rating to 50% effective prior to November 27, 2013.

The Veteran's appeals for increased ratings for various service-connected disabilities were denied. The conditions are not rated higher based on the current evidence.

The Veteran's appeal is denied as the service connection for all claimed conditions has been granted, but no higher ratings are warranted.,No effective date earlier than May 16, 2013, is assigned for SMC at the housebound rate.

The Veteran's scar on the scalp has been rated at 10 percent since April 27, 2012. The claim for a higher rating prior to that date is denied.

The Veteran did not serve in the Republic of Vietnam and is therefore not a member of the Nehmer class. The Appellant has been awarded service connection for the cause of the Veteran's death, and there are no unadjudicated or appealed claims that were pending at the time of the Veteran's death.

The Board has determined that the Veteran's left shoulder scar, status post excision of leiomyosarcoma, does not meet the criteria for a compensable initial rating.

The Veteran's claims for service connection for a back disability and a compensable rating for his left leg scar were denied as the evidence did not support a finding that these conditions are related to his active duty service.

The Veteran's service-connected disabilities, including coronary artery disease and prostate cancer, prevent him from securing and maintaining substantially gainful employment. The Board grants a TDIU based on the combined rating of his service-connected conditions.

The Veteran's service-connected disabilities, including Type II diabetes mellitus, gastroesophageal reflux disease, and coronary artery disease, are found to preclude him from obtaining or maintaining substantially gainful employment.

The Veteran's initial TDIU claim was granted effective April 15, 2011. The issue of entitlement to a TDIU prior to that date remains on appeal.,The Veteran's service-connected right medial thigh scar is rated at 10 percent since October 23, 2008.

The Veteran's service-connected disabilities, including rheumatic heart disease and left knee replacement, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted TDIU based on the combined effects of these conditions.