Scars decisions — 2015

The Veteran's appeal for an initial compensable rating for scars of the lumbar spine has been withdrawn by his representative.

The Veteran's left shoulder disability is rated at 20 percent, and his tinea pedis is rated at noncompensable. The issues of right knee patellofemoral syndrome and bilateral hearing loss are addressed in the REMAND portion.

The Veteran's claims for initial compensable ratings for his left fifth toe deformity and associated scar are being remanded due to the need for additional development, including obtaining VA treatment records and SSA disability benefit determination records.

The Veteran's left foot hallux valgus, with scar, is currently rated at 10 percent and the Board finds that a higher evaluation is not warranted.

The Veteran is found to be unemployable due to service-connected disabilities beginning April 26, 2013. The TDIU claim prior to this date is referred for extraschedular consideration.

The Veteran's claim for service connection and a 10 percent rating for his post-operative scar on the right forearm is granted, with an effective date of April 21, 2006.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining SSA records and updated VA/privately obtained treatment records.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the current severity of his right fifth metacarpal disability and any related orthopedic and neurological impairment. The RO should also obtain any outstanding medical records.

The Veteran's TDIU claim is being remanded for additional development, including a medical addendum and consideration under 38 C.F.R. § 4.16(b) for extraschedular evaluation.

The Veteran's service-connected conditions have been rated at the maximum available rating of 30 percent for each condition, with no additional compensable ratings assigned.

The Board has remanded the case for further development, including obtaining VA and private treatment records, scheduling a VA examination, and adjudicating the claims of service connection for a rib disability other than rib resection of the 10th posterior rib (to include additional rib removal) and a psychiatric disability (to include PTSD).

The Veteran's claims for an initial compensable rating for bilateral hearing loss and a TDIU are being remanded due to the need for additional development, including scheduling of VA examinations.

The Veteran's death was not due to his own willful misconduct, and he had a service-connected disability rated as totally disabling for at least one year immediately preceding his death. However, the Veteran did not meet the criteria for DIC under 38 U.S.C.A. § 1318.

The Board granted service connection for right knee strain with chondromalacia and scars, assigning a 20 percent rating effective from June 10, 2013 to October 29, 2013. The Veteran's other claims were not addressed.

The Veteran's PTSD with MDD is currently rated at 50 percent, and the Board finds that a higher rating is not warranted.,Service connection for thoracic spinal stenosis with myelopathy has been denied as there is no evidence of an in-service injury or etiology.

The Veteran's claims for increased ratings and service connection were denied. The scar to the right cheek was not rated higher than 10 percent, bilateral hearing loss was not rated higher than noncompensable prior to March 18, 2015, and there is no evidence of a direct or presumptive relationship between his claimed conditions and active duty service.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine the nature and etiology of the Veteran's left knee and hip disabilities.

The Veteran's service-connected scars of the knees are evaluated at a maximum rating of 20 percent, considering their linear and superficial nature with no underlying tissue damage or instability. The hypoesthesia overlying these scars is considered analogous to painful scars under Diagnostic Code 7804.

The Board has remanded the case for further consideration of a TDIU based on the evidence of record, including an August 2015 vocational assessment submitted by the Veteran.

The Board denied the Veteran's claims for increased evaluations for various service-connected disabilities, including right wrist complex tear of the triangular fibrocartilage, limitation dorsal palmar flexion of the left wrist, limitation of supination and/or pronation of the left forearm, malunion and deformity of distal radius, nonunion of styloid process of left ulna, residual scar left forearm, and left lateral epicondylitis. The appeals were based on direct service connection.