Scars decisions — 2016

The Veteran's claim for service connection for a back injury as a result of an automobile accident during National Guard training was denied. The Board found that the Veteran did not have evidence to support his contention that he incurred the injury during active duty or ACDUTRA, and thus service connection could not be granted on a direct basis. The issue of increased rating and TDIU for generalized anxiety disorder with PTSD is also addressed in the REMAND section.

The Veteran's right hand scar is rated at a 10% disability rating, effective from the date of the decision. The other issues on appeal are not addressed as they were not about service connection.

The Board has restored service connection for diabetes mellitus, ischemic heart disease (IHD), and residual scars due to IHD. The appeal for service connection for an eye disability is REMANDED as the Veteran needs a VA examination.

The Veteran's TDIU claim is being remanded for additional development to assess the impact of his service-connected disabilities on his ability to work.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of her left thumb disability with residual scars. Any outstanding private and VA treatment records should also be obtained.

The Veteran's radiculopathy of the right upper extremity is rated as 50 percent disabling, effective from March 14, 2016.,Service connection for raspy voice with swallowing complications secondary to cervical spine disability was granted and a separate rating assigned.

The Board has remanded the Veteran's claims for additional development due to deficiencies in previous examinations and incomplete records.

The Board found that the Veteran's scars on her bilateral lower extremities were not painful or unstable, and thus did not meet the criteria for a compensable evaluation. The RO reduced her ratings from 10% to noncompensable effective April 1, 2010.

The Veteran's claims for increased ratings were denied as his service-connected conditions did not meet the criteria for higher ratings under applicable VA rating criteria.

The Veteran's service connection claims for stomach disorder, right knee disorder, and left knee surgical scars were granted. The initial compensable rating claim for the left knee surgical scars was denied as noncompensably disabling. The TDIU claim was granted.

The Veteran's service-connected disabilities, including posttraumatic stress disorder and a gunshot wound to the right pectoralis major muscle, have rendered him unable to secure or follow substantially gainful employment. The Board has granted TDIU based on this finding.

The Veteran's current respiratory disabilities of COPD, asthma, and pleural scarring/nodules are due to in-service use of tobacco products and were manifest during service. The Board finds that the criteria for service connection have been met.

The Board has granted service connection for chest pain as a residual of spontaneous pneumothoraces, apart from scars. The preponderance of the evidence supports this outcome.

The Veteran's squamous cell carcinoma of the scalp and painful and unstable scarring of the face and neck have been rated at 30 percent since October 23, 2008. The rating for squamous cell carcinoma has not changed from that date.

The Veteran's bilateral hearing loss, ilio-inguinal nerve entrapment, and left herniorrhaphy scar disabilities have improved to the point that a restoration of their respective ratings is warranted.

The Board has determined that the Veteran's uterine fibroids had their onset in service and have resulted in residual disability, granting her claim for service connection.

The Veteran's service-connected disabilities have been rated appropriately, and no higher ratings are warranted.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board has restored the Veteran's disability rating of 10 percent for a left leg surgical scar effective from September 1, 2014, as the reduction was not properly applied and is void ab initio.

The Board found that the Veteran's additional disabilities, including punctured diaphragm, renal failure, other organ failure, cardiac arrest, or scar, were not caused by VA carelessness, negligence, lack of proper skill, error in judgment, or an event not reasonably foreseeable. Therefore, his claim for compensation under 38 U.S.C.A. § 1151 was denied.