Scars decisions — 2015

The Veteran's appeal for a rating in excess of 20 percent for right knee strain, postoperative residuals, with anterior cruciate ligament disruption, with instability and residual scars was granted. The issue of entitlement to separate compensable ratings for arthritis with limitation of motion prior to January 11, 2008 is also addressed.

The Board denied the Veteran's claims for an increased rating for his right knee disability and for temporary total ratings for hospitalization and convalescence following surgery. The claim for a temporary total rating for hospitalization was denied due to lack of eligibility under VA regulations.

The Veteran's recurrent squamous cell carcinoma of the right tonsil and neck is rated at 100 percent since January 28, 2014.

The Veteran's claim for a compensable rating for her right fifth finger fracture with scar is being remanded due to the need for a videoconference hearing.

The Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected Hepatitis C, which causes fatigue and other symptoms that prevent him from physically demanding employment.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the severity of his service-connected gastrointestinal disabilities and an additional evidentiary review for the issue of entitlement to TDIU.

The Board has granted service connection for scars of the right wrist and left forearm, as well as an initial compensable rating (20%) for erectile dysfunction. The Veteran's erectile dysfunction is found to be due to loss of erectile power with no physical deformity.

The Board has determined that the Veteran's service-connected disabilities prevent him from securing and following a substantially gainful occupation, thus granting his claim for TDIU.

The Veteran's claims for service connection were denied. The Board found that there was insufficient evidence to establish the occurrence of the claimed stressors related to PTSD and that his diabetes mellitus, type II, seizures, and cysts and lesions of the entire body did not have a direct relationship with his military service.

The Veteran's service-connected lumbar strain, including DDD and spondylosis at multiple levels, was granted with various schedular ratings from October 1, 2002 to August 1, 2010. The case also addressed a temporary total disability rating based on surgical treatment.

The Veteran's claim for service connection for residuals of left inguinal hernia repair, other than scars related to in-service hernia repair is denied. The Board finds that there are no current residuals other than the service-connected surgical scar.

The Board has determined that the Veteran's injuries were not incurred or aggravated by active military service, ACDUTRA, or IDT. Therefore, her claims for service connection are denied.

The Board denied the Veteran's claims for increased ratings for his service-connected right foot scars, right carpal tunnel syndrome, and folliculitis and seborrheic dermatitis. The appeals were withdrawn by the Veteran.

The Veteran's service-connected degenerative disease of the lumbar spine, status post fusion L4-S1, is currently rated at 20 percent and her radiculopathy of the left and right lower extremities are also rated at 20 percent each. The appeal for higher evaluations has been granted.

The Veteran's appeal is remanded due to the need for another VA examination to assess the current nature, extent, and severity of his service-connected forehead scars. The AOJ should also obtain any outstanding VA treatment records and provide the Veteran with an opportunity to submit additional evidence.

The Veteran's appeal involves increased ratings for his left knee disability and a TDIU claim. The Board has decided to remand these claims due to the need for further development, including obtaining an updated VA examination and addressing other issues.

The Veteran's bilateral pes planus with hallux valgus and bunions was granted an initial 10 percent rating effective August 11, 2010. From February 28, 2013, his right foot disability was rated as 10 percent disabling.

The Board has reopened the Veteran's claims but denied them on their merits due to lack of new and material evidence. The original denial remains final.

The Board has ordered a remand due to insufficient evidence regarding the relationship between the Veteran's bilateral hearing loss and his service-connected bilateral scarring of the eardrums. The case will be returned for further development.

The Veteran's service-connected Type II diabetes mellitus is found to be the cause of his obstructive sleep apnea, and therefore he is granted service connection for this condition.