Scars decisions — 2016

The Veteran's vascular disorder of the bilateral lower extremities has been granted service connection. The Veteran's ventral hernia, status post ventral herniorrhapy with residual scarring, and his obstructive sleep apnea have also been granted service connection.,The Veteran's claims for increased ratings for left shoulder rotator cuff tendonitis with degenerative changes, lumbar spine hypertrophic osteoarthritis, carpal tunnel syndrome (right upper extremity), carpal tunnel syndrome (left upper extremity), and erectile dysfunction associated with PTSD have all been denied. The Veteran's claims for effective dates earlier than May 6, 2014, for the grant of service connection for carpal tunnel syndrome (right upper extremity) and left upper extremity, as well as his claim for special monthly compensation for loss of use of a creative organ have also been denied. The Veteran's claims for service connection for ulcers in the ileum (claimed as abdominal pain with Crohn's disease, irritable colon syndrome, or ulcerative colitis) and sleep apnea have all been granted.

The Veteran's application for a clothing allowance was denied because the Under Secretary for Health or his designee did not certify that he used prosthetic or orthopedic appliances that tend to wear or tear on clothing due to service-connected disabilities.

The Veteran's TDIU claim is being remanded for further development to determine his ability to secure and maintain substantially gainful employment due to his service-connected disabilities.

The Veteran's posttraumatic stress disorder is rated at 50 percent disabling and he has sufficient additional service-connected disabilities to bring his combined rating to 80 percent; these service-connected disabilities preclude the Veteran from maintaining gainful employment. The criteria for TDIU are met.

The Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment.

The Veteran's left knee injuries and DJD are currently rated based on their service-connected status.,A separate rating is granted for the history of a partial meniscectomy in the left knee.

The Veteran developed a painful keloid scar as the result of a December 1978 epigastric hernia surgical repair performed at the Bay Pines VA Medical Center. The Board finds that this additional disability was caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.

The Veteran's low back disability is found to be incurred during service.,The Veteran's facial scar is found to be incurred during service.

The Board has granted an effective date of March 2, 2012 for the assignment of a 20 percent disability rating for a scar of the right knee. The Veteran's claim was not reopened as he did not submit new and material evidence to reopen his previously denied low back disability claim.

The Veteran's appeal is remanded to obtain additional VA treatment records, Social Security Administration records, and private medical records. Additionally, new VA examinations are required for the Veteran's service connection claims.

The Board has denied the Veteran's claims for service connection for a low back disability and an initial compensable rating for a residual left leg scar, finding that there is no evidence of a current disability related to his service or any incident therein.

The Board has granted a 10 percent disability rating for the Veteran's service-connected right ankle scar status post arthroscopy, effective from March 19, 2014. The condition is rated under the general provisions for scars as it does not meet the criteria for an unstable or painful scar.

The Veteran's claims for increased ratings for service-connected bilateral hernia repair and associated residuals, to include residual scarring and right ilio-inguinal neuralgia, are denied. The Veteran does not have scars that meet the criteria for a higher rating under VA's schedular guidelines.

The Veteran's service-connected right ear scar has been rated as noncompensable (0%) prior to March 22, 2011 and 10% thereafter. He was granted a separate 10% rating for painful scars in December 2014 but denied a higher rating on both issues since the effective date of his claim.

The Veteran's claim for service connection for residuals of a fractured jaw, including limitation of jaw function (other than residuals of fracture of left zygomatic arch; with a patch of hypesthesia on the left cheek) was granted. The other claims were not addressed in detail.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, and therefore denied all claims on appeal.

The Board has remanded the case for further development, including obtaining VA and private treatment records, Social Security Administration (SSA) records, and scheduling a VA examination to determine the effect of the Veteran's service-connected disabilities on his employability.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current disabilities are at least as likely as not related to his active duty service. The remaining issues of entitlement to service connection have been referred back to the AOJ for further development.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim for service connection for residuals of a cold weather injury. The Veteran's scar of the right knee is currently rated as noncompensable.

The Veteran requested to withdraw his appeal regarding the rating for a painful right knee ganglionectomy scar prior to December 28, 2011.