Scars decisions — 2016

The Board denied service connection for residuals of an injury to the left fifth finger, as there was no credible evidence of such an injury in service. The Veteran's claim for a compensable disability rating for scar residuals of a right inguinal hernia repair is also denied due to lack of new and material evidence. Service connection for angiokeratoma of the scrotum remains pending.

The Board has denied the Veteran's claims for increased and compensable ratings for his service-connected simple bone cyst, left distal tibia, status post bone grafts, and scar, donor graft site, left iliac crest. The evidence did not show ankylosis or malunion of the Os calcis or astragalus, which would warrant a higher rating under DCs 5270, 5272, and 5273. For the scars, there was no indication that they were deep or caused limited motion, nor did they cover an area exceeding 6 square inches (39 sq. cm.).

The Veteran's appeal is being remanded for additional development, including obtaining updated employment information and VA treatment records. A VA examination will be conducted to determine if the Veteran's service-connected disabilities prevent him from securing or maintaining substantially gainful employment.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and a new VA examination to assess the severity of his right knee disability. The case will also be reviewed to determine if he qualifies for TDIU based on service-connected disabilities.

The Board has determined that the Veteran's service-connected type 2 diabetes mellitus contributed substantially and materially to his cause of death, which was terminal gastric cancer. The evidence is in equipoise regarding whether this condition proximately caused or aggravated the Veteran's fatal gastric cancer.

The Veteran's service-connected disabilities, including several orthopedic conditions and bipolar disorder, do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's service-connected disabilities preclude substantially gainful employment for the period from March 17, 2014. The TDIU is granted effective March 17, 2014.

The Veteran is entitled to a TDIU rating on an extraschedular basis effective from April 27, 2006 due to his service-connected disabilities.

The Veteran's initial compensable evaluations for residual scars and hemorrhoids have been denied.,The Veteran has service-connected residuals from a right femur fracture, which resulted in scars. However, the current evaluation of 30% is not considered appropriate as there are no indications of instability or pain that would warrant an additional rating under Diagnostic Code 7804.

The Veteran's service-connected disabilities, including post-operative degenerative disc disease of the lumbar spine and asthma, prevent her from obtaining or retaining substantially gainful employment.

The Board has remanded the case due to insufficient reasons and bases for its determinations regarding service connection for residuals, including a scar and sinus problems, post-tumor removal. The Veteran's claim will be reviewed with additional medical examinations to address all alleged residuals of his tumor removal.

The Veteran's appeal is being remanded for additional development, including scheduling VA examinations and obtaining medical records.

The case is being returned to the RO for further efforts to arrange a VA examination due to the Veteran's incarceration, and then to readjudicate his claim for an initial compensable rating for residual laceration scar to the left hip.

The Veteran's service-connected disabilities (varicose veins of the legs) have rendered him unable to secure and maintain gainful employment, warranting a TDIU rating.

The Veteran's service-connected disabilities, particularly his cervical spine condition and anxiety and depression, render him unable to secure or follow a substantially gainful occupation. The Board finds that a TDIU is warranted.

The Veteran's scars have not been found to be unstable or painful, and thus do not meet the criteria for a compensable rating under Diagnostic Code 7804. As such, an initial compensable rating is denied.

The Board denied service connection for various conditions, including a left wrist disorder, left hip disorder, low back disorder, right arm and wrist disorder, varicose veins, surgical scars of the right leg, right leg disorder, and right knee disorder. The Veteran's claims were not supported by sufficient evidence to establish an in-service injury or disease.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment, effective from January 10, 2007. His CAD is rated at 60 percent, shell fragment wound to the left lower extremity at 30 percent, scars with retained fragments on the right temple and occiput at 30 percent, and scars of the left foot, left knee and lower leg (right amputation stump) at 10 percent. The Board has granted TDIU effective from January 10, 2007.

The Veteran's claims for effective dates earlier than August 19, 2010 for service connection were granted.,The Veteran's claim for service connection for gastrointestinal residuals of intestinal surgery and associated scar was granted with an effective date of February 15, 2008.

The Veteran's appeal is being remanded due to his incarceration and the need for a video conference hearing.