Scars decisions — 2015

The Veteran's service-connected disabilities alone preclude him from engaging in substantially gainful employment, and the Board has determined that he is unemployable due to his PTSD. The VA examinations are needed for a comprehensive evaluation of his left forearm condition and skin disorder claim.

The Veteran's discoid lupus with facial scarring requires the use of constant or near-constant systemic therapy such as corticosteroids or other immunosuppressive drugs during the past 12-month period, warranting a 60 percent rating.

The Veteran's lung disability and scars of the legs are being remanded for additional development, including obtaining STRs and VA examinations.

The Veteran's non-Hodgkin's lymphoma, chest scars, heart damage, lung damage, esophageal damage, and infertility are all found to be related to her service-connected NHL. The acquired psychiatric disorder is also found to be secondary to the NHL.

The Veteran's claim for a rating in excess of 30 percent for scars of the head, face, or neck was denied as there is no evidence showing visible or palpable tissue loss and gross distortion or asymmetry of three or more features or paired sets of features.,Service connection for tongue swelling and muscle swelling of the face were both denied as there is no current disability manifested by these conditions.

The Board has determined that additional development is necessary before the underlying claims can be adjudicated on the merits.

The Veteran's death was not due to willful misconduct, and at the time of his death he had service-connected disabilities but did not meet the criteria for DIC under 38 U.S.C.A. § 1318.

The Veteran's corneal transplant to the right eye did not require at least one month of convalescence and did not result in severe post-operative residuals such as incompletely healed surgical wounds, stumps of recent amputations, therapeutic immobilization of a joint or more, application of a body cast, or the necessity for house confinement. Therefore, his claim for a temporary total rating is denied.

The Veteran's claims for service connection and effective dates have been denied as there is no evidence of a claim or entitlement prior to the assigned effective dates.

The Veteran's service-connected scars, frontal area of the head, residuals of shell fragment wound have been rated at 10 percent since May 2013. The VA examiner found that the scars are not unstable or painful and do not limit function or ability to work.

The Veteran's appeal was withdrawn for the issue of service connection for asbestosis. The Board found that a compensable disability rating (10%) is warranted for his right forehead scar, but denied entitlement to higher ratings for PTSD and other conditions.

The Veteran's claims for increased evaluations and service connection were denied. The Board found no basis to grant higher ratings or establish service connection based on the evidence of record.

The Board found that no increase in severity warranting higher ratings occurred within one year prior to the date of receipt of the claim.,The Board found that no increase in severity warranting higher ratings for neuropathy as a manifestation of the service-connected shell fragment wound of the left foot occurred within one year prior to the date of receipt of the claim.,The Board found that no increase in severity warranting higher ratings for the scar as a manifestation of the service-connected shell fragment wound of the left foot occurred within one year prior to the date of receipt of the claim.

The Veteran's claim for service connection for hypertension is granted. The claims for increased ratings for glaucoma with bilateral cataracts, left thumb status post arthroplasty with degenerative changes and scars, and hypothyroidism are remanded.

The Veteran's claim for service connection for a right knee disability was denied. The Board found no evidence of a chronic right knee disorder during service and concluded that the preponderance of the evidence is against the claim.

The Veteran's claims for service connection for a traumatic brain injury and an increased rating for degenerative arthritis (cervical spine) are denied. The claim for a compensable rating for status post left testicular varicocele surgery with residual scar is also denied.

The Veteran's initial compensable rating claim for an appendectomy scar was denied. The Board found that the scar did not meet the criteria for a compensable rating under any applicable diagnostic codes. His service connection claim for residuals of stroke was also denied as there is no evidence linking his current condition to his active duty service.

The Veteran's appeal is remanded for another VA examination to determine his ability to secure and maintain substantially gainful employment due to service-connected disabilities, as well as for additional VA treatment records.

The Veteran's claims for increased evaluations of his service-connected gunshot wound entrance scar on the left back and thoracotomy scars at T4 and T6 were denied. The claim for an evaluation in excess of 20 percent for residuals of a gunshot wound to Muscle Groups II and III of the left (minor) shoulder was also denied.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected cubital tunnel syndrome, post-operative repair with surgical scar, left and right elbows. The RO must also ensure all development has been conducted.