Scars decisions — 2015

The Board finds that the Veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied as there is no evidence of a groin abscess or swelling present on May 1, 2006 when he was seen by VA.

The Veteran's service-connected osteomyelitis and related conditions contributed to his death from sepsis, meeting the criteria for DIC based on service connection.

The Board has granted a higher disability rating of 30 percent for chloracne with comedonic acne, folliculitis, and residual scarring effective from June 22, 2009.

The Veteran's appeal is remanded for further development, including obtaining VA examination reports and social security administration records. The claims will be readjudicated after the additional development.

The Veteran's claims for increased evaluations and service connection were denied. The right foot disability was rated at 10 percent, left hip and right hip disabilities were each rated at 10 percent, and tinnitus was not found to be related to service.

The Board has determined that the Veteran's right ankle disability, embedded non-reactive conjunctival foreign bodies in the right eye, and scar, limbus, right eye are all service-connected.

The Board has reopened the claim for service connection for residuals of right foot surgery and finds that new and material evidence has been received to reopen the claim.,Residuals of right foot surgery, including degenerative joint disease and/or post-traumatic arthritis involving the MTP and/or interphalangeal joints of the right first and second toes; post-operative changes including retained wire; hallux valgus of the first MTP joint; post-surgical scars; tenderness; and any residuals of the arthroplasty of the second toe found to be present, were incurred in active peacetime service.

The Veteran's left foot disability, including tarsal tunnel syndrome and surgical scars, resulted in a total loss of use to the extent that no effective function remains other than what would be equally well served by an amputation stump with prosthesis. The Veteran is therefore entitled to a 40% rating for her left foot disability and special monthly compensation for loss of use of the left foot since February 19, 2014.

The Veteran's chest scar was asymptomatic and did not cause any limitation of function, thus the claim for a compensable rating is denied.

The Board granted an initial compensable rating of 10 percent for post traumatic surgical facial repair scars, effective from the date of claim in July 2006. The Veteran's facial scars are rated based on disfigurement under Diagnostic Code 7800.

The Veteran was found to be unemployable due to his service-connected disabilities as early as August 21, 2007.

The Veteran withdrew his appeal for an increased (compensable) rating for a left elbow scar.

The Veteran's service-connected conditions have been rated appropriately, and the Board finds that his TDIU claim is granted.

The Veteran's appeal is being remanded for further development, including an additional VA examination to assess the disabling effects of his service-connected right wrist scar. The issue will be reconsidered after this additional development.

The Veteran's death was due to emphysema, with advanced age and prostate cancer as contributing factors. The appellant is denied a payment in excess of $127 for the month of July 2012 (the month of the Veteran's death) and a payment in excess of $300 for a non-service-connected burial allowance.

The Veteran is rendered unemployable as the result of service-connected disabilities and has been granted a TDIU.

The Veteran's appeal for a separate rating for his orthopedic manifestations of the laceration of the left knee with scar was granted, and he is now rated at 10 percent for limitation of motion with pain. The Board found that his reported left knee instability is not causally related to his service-connected left knee disability.

The Veteran's service-connected conditions do not meet the criteria for special monthly compensation based on the need for regular aid and attendance or by reason of being housebound.

The Veteran's scar residuals from a service-connected stab wound are currently rated at 10 percent, and the Board finds no basis to grant a higher evaluation.

The Veteran's appeal is being remanded due to his failure to attend a scheduled personal hearing before the Board of Veterans' Appeals. The case will be returned for further action.