Scars decisions — 2015

The Veteran's claim for an increased rating for appendectomy with residual surgical scar was denied as the current manifestations do not meet the criteria for a compensable rating. The claims for service connection for hypertension, bilateral foot disorder, bilateral hearing loss, right knee disorder, left knee disorder, and residuals of a right fifth finger fracture were also denied due to lack of evidence supporting these conditions.

The RO granted service connection for four superficial tender scars effective April 22, 2011. The Veteran requested an earlier effective date of July 10, 1990.

The Veteran's TDIU claim is being referred to the Director of Compensation and Pension Services for extraschedular consideration due to his service-connected disabilities preventing him from obtaining any form of gainful employment.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to determine the severity of his service-connected conditions. The claims will be reconsidered after these actions.

The Veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation, with the exception of the time period from March 26, 2012 to April 30, 2013 when he had a 100 percent disability rating.

The Veteran's appeal is being remanded for additional development, including examinations to determine the nature and etiology of his claimed disabilities.

The Board has granted service connection for pain and scar of the left interior orbital, as residuals of a left eye orbital fracture incurred in peacetime service.

The Board has received notification that the appellant wishes to withdraw their appeal regarding right knee cap dislocation, right shin scarring, and an acquired psychiatric disorder. As a result, the appeal is dismissed.

The Board has decided to remand the case due to failure to provide proper notice for reopening a service connection claim.

The Board has determined that the appellant's bilateral hearing loss is service-connected, as it meets VA requirements for consideration as a disability and there is in-service acoustic trauma. The right eye disabilities are not service-connected due to lack of evidence linking them to service.

The Veteran's PTSD is rated at 50%, and his scar behind the left ear is noncompensable. His combined rating is 50%. The criteria for a TDIU under 38 C.F.R. § 4.16(a) are not met. However, he may be eligible for an extraschedular TDIU due to service-connected PTSD.

The Veteran's initial claim for scars on his chest and leg was granted, but the VA determined that a compensable rating is not warranted. From December 20, 2011 onwards, he received a 20 percent disability rating.

The Board has determined that there was clear and unmistakable error in the August 1978 rating decision, which did not provide additional ratings for muscle damage to Muscle Groups IX and XIX. The Veteran's thoracolumbar spine disability, psychiatric disability (PTSD), left ulnar palsy, and left leg paresis and spasticity are all at issue.

The Veteran meets the schedular criteria for TDIU and his service-connected disabilities as likely as not preclude him from securing or following a substantially gainful occupation.

The Veteran's appeal has been withdrawn for the issues of entitlement to increased ratings for right knee disability, left knee disability, and bilateral hearing loss. The Board is remanding the remaining claims for further development.

The Veteran's appeals for increased ratings and service connection were denied. His back disability was not found to warrant a rating in excess of 40 percent, his scar disability did not meet the criteria for a compensable rating, and his melanoma was not related to herbicide exposure or service.

The Veteran has withdrawn his appeals for initial compensable ratings for the residual scars from shell fragment wounds of his lower extremities.

The Veteran's appeal is being remanded for additional examinations and to obtain updated VA treatment records. The Veteran will be provided another opportunity to undergo VA examinations in relation to his increased rating claim.

The Board is remanding the case for additional development, including obtaining a supplemental opinion from the examiner who performed the September 2013 VA examination and considering private treatment records. The issues of service connection for left leg above-the-knee amputation and chest scar are intertwined.

The Veteran's claim for a higher disability rating for service-connected scars, residuals of head injury, skull fracture and Baha implant is being remanded due to the need for updated medical examination and treatment records.