Scars decisions — 2016

The Veteran does not have additional disability residual of the cardiac catheterization performed at a VA medical facility on March 17, 1987. The Board finds that his currently claimed disabilities are unrelated to this surgery.

The Veteran's appeal for TDIU is remanded due to the need for a VA examination to assess his employability given his service-connected disabilities.

The Veteran's claims for increased disability ratings and service connection are being remanded due to the need for additional development, including obtaining VA treatment records and scheduling examinations.

The Veteran's service-connected residual shrapnel wound scars on the right side are rated at a 10 percent rating, effective July 13, 2011. The Board finds that this rating is appropriate given the nature and severity of his symptoms.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted entitlement to TDIU.

The Veteran's PTSD has been rated at 70 percent, but the Board finds that there is not such an approximate balance of the positive evidence and negative evidence to permit a more favorable determination. The Veteran's TDIU claim was denied as his service-connected disabilities do not preclude him from substantially gainful employment.

The Veteran's service-connected chemical burn scars to the hands and wrists have been manifested by two painful scars, but they do not cause any additional functional limitation, are not unstable, do not cover an area of at least 39 square centimeters, and are not deep. The criteria for an evaluation in excess of 10 percent have not been met.

The Veteran's left ankle disability is rated at a 20 percent rating, effective from August 1, 2014. The issue of compensable rating for scars associated with the same condition remains pending.

The Veteran's combined rating for his service-connected disabilities is 80%, meeting the threshold percentage requirements for a TDIU. However, despite this, VA medical opinions indicate that the Veteran's service-connected conditions do not preclude him from obtaining and maintaining all forms of substantially gainful employment.

The Veteran's service connection claims for various conditions, including neuropathy, thrombocytopenia, a left arm scar, obstructive sleep apnea, and blurred vision are all granted.

The Board has granted a TDIU and remanded the remaining issues for further action.

The Veteran's initial compensable evaluation for her hysterectomy scar prior to November 18, 2014, and a rating in excess of 10 percent thereafter have been denied. The appeal is based on the merits of the claim.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board grants a TDIU for the entire appeal period.

The Veteran's appeal is being remanded for further action, including scheduling a hearing before a Decision Review Officer.

The Veteran's claim for an increased rating for his left hand scar disability is being remanded due to the need for a VA examination and the need to obtain additional medical records.

The Board found that the Veteran's service-connected disabilities do not meet the criteria for SMC based on need for aid and attendance or housebound status, nor does she meet the criteria for TDIU.

The Board finds that the Veteran's credible report of a centipede bite injury on his left ankle during service, combined with the presence of a current scar matching the description in service records, supports granting service connection for residuals of a centipede bite manifested as a left ankle scar.

The Veteran's migraine headaches are currently rated at 50% from August 26, 2015. The rating for residuals of left bunionectomy with scar is also 50%. Both conditions meet the criteria for a maximum schedular rating.

The Veteran's PTSD and depressive neurosis are already service-connected, but his skull fracture and scarring from a gunshot wound are not rated higher than the current 10 percent. The skull fracture does not meet criteria for a compensable rating under Diagnostic Code 5296, while the scarring is evaluated at 10 percent based on one characteristic of disfigurement.

The October 1971 rating decision did not assign a separate rating for the tender right clavicle scar, but it was already covered under the assigned rating.,The October 1971 rating decision also did not assign a separate rating for shell fragment injury to muscle group XX or muscle group XXI. The Veteran's representative argued that this omission should be considered CUE.