Scars decisions — 2016

The Veteran's appeal is being remanded for additional development, including a new VA examination and consideration of his TDIU claim.

The Board has remanded the case for additional development as requested by the Veteran, including obtaining SSA records and any relevant treatment records from Dr. T. V.

The Veteran's bilateral pes planus is rated at 50 percent, the maximum available rating under Diagnostic Code 5276. The other issues have been denied.

The Board has granted increased ratings for the Veteran's service-connected residuals of ingrown toenails, left great toe and hypertension. The rating for chondromalacia, status post anterior cruciate ligament reconstruction with residual scars, left knee remains at 10 percent.

The Veteran's claims for a scar on the right calf, service connection for a skin disorder on the left hand due to herbicide exposure, and residuals of a head injury other than right ear hearing loss were all denied. The denial is presumed based on herbicide exposure in Vietnam.

The Veteran's service-connected scars have been painful and itchy, warranting a 10 percent disability rating effective April 16, 2009.

The Veteran's death was ruled due to his service-connected disabilities, including PTSD and low back pain with degenerative disc disease. The Board found that the criteria for SMC under 38 U.S.C.A. § 1114(s) were met as there was a single service-connected disability rated as total (PTSD) and an additional disability independently ratable at 60 percent (low back pain with degenerative disc disease).

The Veteran's unauthorized medical expenses incurred at Lake Charles Memorial Hospital on September 15, 2009 are now eligible for reimbursement as the emergency treatment was provided in a hospital emergency department and the Veteran had received care under authority of 38 U.S.C. Chapter 17 within the 24-month period preceding the furnishing of such emergency treatment.

The Veteran's appeal is being remanded for an additional VA examination to determine the effect of his service-connected disabilities on his employability. The examiner must consider the Veteran's complaints of constant pain and occurrences of immobility due to his bilateral leg disabilities.

The Veteran's appeal is being remanded for further development, including obtaining additional medical records and addressing the rating of pancreatitis as part of his service-connected residuals of small intestine resection with scarred duodenal bulb.

The Veteran's residual scar on his right leg, resulting from exostosis removal, is currently rated at 10 percent and does not meet the criteria for a higher rating under any applicable diagnostic codes.

The Veteran's appeal is being remanded to obtain additional medical records and for further examinations. The claims will be reconsidered after the completion of these actions.

The Veteran's claims for increased ratings for his service-connected right foot disabilities are being remanded to the AOJ due to the need for additional VA examinations and development of records.

The Veteran seeks an initial compensable evaluation for his service-connected laceration right distal interphalangeal joint 5th finger with scar. The current noncompensable rating is being remanded due to the need for a new VA examination.

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

The Veteran's claim for service connection for an acquired psychiatric disorder, including anxiety NOS and PTSD, is granted. The claim for wounds from shrapnel to the left wrist and upper middle chest remains pending.

The Veteran's service-connected disabilities, including COPD and back disorders, have rendered her unable to maintain substantially gainful employment consistent with her education and occupational background.

The Veteran does not have a diagnosis of PTSD and her major depressive disorder is not service-connected.,Bilateral hearing loss, tinnitus, and scars (bilateral knee) are not service-connected.

The Veteran's neurodermatitis is rated at 10 percent, but does not meet the criteria for a higher rating. The Board finds no evidence of service connection for any respiratory disability, prostate disability, or cognitive disability. Service connection for PTSD and a shrapnel wound to the neck are granted. No special monthly compensation or TDIU is granted.

The Veteran's claims for an increased evaluation and service connection were denied. The Board found that the evidence did not support a higher rating for his left neck puncture wound scar, as it met criteria for a 30 percent rating.,Service connection was also denied for swelling of the mouth with difficulty speaking, as there is no evidence linking this condition to service or any service-connected disability.