Scars decisions — 2016

The Veteran's appeal is being remanded for additional development to address the propriety of the disability ratings assigned for her service-connected lumbar spine and left leg conditions.

The Veteran's claims for service connection were denied. The Board found that Agent Orange exposure, in and of itself, is not a disability subject to service connection.

The Veteran's tinnitus was granted service connection and is rated at 50 percent effective October 6, 2009.,Service connection for a scar on the right hand was also granted. The Veteran experiences pain in this area when exposed to sunlight.

The Board found no credible evidence linking the Veteran's right cheek scar to his active service, including a 1973 assault. The Veteran's claim for service connection for a right cheek scar was denied. For the left index finger laceration, the Board noted that the disability is currently rated at 10 percent and there are no additional factors warranting an increased rating.

The Veteran's claims for increased ratings and TDIU were denied. The Veteran's frontal bone fracture with scarring was rated at 30 percent, headaches at 50 percent, and major depressive disorder with memory loss at 70 percent combined to a total of 90 percent. However, the Veteran's symptoms prevented him from maintaining substantially gainful employment since June 2009.

The Veteran's claim for an increased rating for his service-connected skin condition is being remanded due to the need for a new VA examination to determine the percentage of body area affected by his scars.

The Veteran's service connected right forearm, midline sternum, left inner thigh, and right inner thigh scars are shown to be painful. The Board has granted a 20 percent disability rating for these scars.

The Veteran's initial compensable rating for left hand, 2nd and 3rd metacarpal displaced fracture with residual scar remains unchanged from May 1, 2009 to April 23, 2014. For the period from April 24, 2014, his limitation of motion of the thumb is not rated higher than 10 percent.

The Veteran's claims for effective dates earlier than December 1, 2010, for the grant of service connection for bilateral ankle disabilities and associated scars are granted as of May 1, 2008.

The Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment prior to March 2, 2015. The criteria for special monthly compensation based on the need for aid and attendance or being housebound are also not met.

The Board denied the Veteran's claim to reopen his previously denied claims of service connection for a head injury and facial scars, finding that new evidence submitted did not raise a reasonable possibility of substantiating the claim.

The Veteran's service-connected right middle finger disabilities do not preclude him from substantially gainful employment, as he was able to continue working in his automotive repair and parts store until selling the business in September 2014.

The VA denied the Veteran's claim for an increased rating for his right and left inguinal herniotomy scars, finding that the current noncompensable ratings under the applicable schedular criteria are adequate to reflect the severity of his service-connected scars.

The Board has denied the Veteran's claims for service connection for peripheral neuropathy of the lower extremities and dermatitis with residual scarring, finding that there is no evidence to support a link between these conditions and his active duty service.

The Veteran's appeal for higher ratings on several service-connected conditions was denied. The only granted rating was for a 10% rating for right and left foot plantar fasciitis with calcaneal spurs, which approximates mild bilateral flatfoot.

The Board has denied the Veteran's claim for service connection for a respiratory disorder, finding that there is no evidence to support a link between his current condition and his military service.

The Veteran's service-connected disabilities, including chronic adjustment disorder with anxiety, diabetic nephropathy, bilateral hearing loss, diabetes mellitus with erectile dysfunction, tinnitus, and status post shrapnel injuries, have rendered him unable to secure or maintain substantially gainful employment. The Board has granted a TDIU rating.

The Veteran's right postauricular scar, with a metallic foreign body, has not met the criteria for a higher disability rating under any applicable diagnostic codes.

The Board has been notified that the appellant wishes to withdraw her appeal, including the issues of initial evaluations for gastroesophageal reflux disease and scar, residuals of septoplasty.

The Veteran's service-connected conditions have been rated appropriately, with the exception of his right knee strain and partial amputation of the left middle finger distal interphalangeal joint, which now receive higher initial ratings.