Scars decisions — 2016

The Veteran's claim for a higher rating for her hysterectomy residuals was denied, and she is not entitled to TDIU due to the severity of her service-connected disabilities.

The Veteran's claims for increased evaluations of her right foot fifth toe hammertoe and left great toe bunion were denied. The Board found that the evidence did not support a higher rating under any applicable diagnostic codes.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling a VA examination to assess the severity of his service-connected skin cancer disability. The claims for increased rating and service connection are also being remanded.

The Board denied the Veteran's claims for an initial compensable rating for his left cornea scar and service connection for a back disability, finding no evidence to support the requested ratings or connections.

The Veteran's appeal is being remanded due to the need for additional evidence and examinations, including new evaluations of his service-connected headaches, bilateral epicondylitis of the elbows, and residuals of hepatorrhaphy.

The Veteran's service-connected migraine headaches have been rated as 50 percent disabling since August 31, 2010. The Board finds no basis for a higher rating and the TDIU claim is denied.

The Veteran's skin condition and hearing loss have been reopened. The Board has granted a 10% rating for his right ankle scar, but the remaining claims are still pending due to additional development needed.

The Veteran's postoperative lipoma with residual scar at the inner aspect of his right arm is rated as a 10 percent disability since the claim was filed, and this rating has been granted.

The Veteran's claims for bilateral hearing loss, tinnitus, bilateral pes planus, and a residual scar from an upper lip injury are all denied as there is no evidence of current disabilities or in-service incurrence.,There is no competent medical evidence showing the Veteran has any of these conditions.

The Veteran's claim for increased disability ratings was denied. The Board found that the evidence did not support a higher rating for his service-connected low back disability, right hip and left hip disabilities, residuals of fracture of right femur with scar, muscle herniation and femur shortening, and moderate knee disability, or painful motion of the right shoulder.

The Board has granted service connection for bilateral testicular epididymitis and found that the Veteran's current condition is related to his active military service. The remaining issues on appeal will be addressed in a separate remand.

The Veteran is granted a TDIU on an extraschedular basis prior to July 19, 2010 due to her service-connected PTSD and burn scar.

The Board granted service connection for a left eye corneal scar and remanded other issues. The Veteran's bilateral eye disability, except the left corneal scar, was not shown to have its clinical onset in service or be otherwise related to active duty.

The Veteran's scars from lipoma removal are rated at 20 percent effective August 6, 2010. Service connection is granted for melanoma and a skin disorder (dry skin patches), but service connection for a dental disorder is denied.

The Veteran's claims for increased ratings were denied. The Board found that his service-connected back condition, spondylosis, degenerative disease associated with scar did not meet the criteria for a rating in excess of 20 percent. His right and left lower extremity radiculopathy were each rated at 10 percent prior to September 16, 2009, but no higher. The Veteran's service-connected left carpal tunnel syndrome was also rated at 10 percent.

The Board has granted entitlement to compensation under 38 U.S.C. § 1151 for additional disability of the left foot resulting from surgery performed at a VA facility in August 2009, and is now remanding the issue of service connection for depression as secondary to a left foot disability.

The Veteran's scars affecting the head, face and neck are productive of visible or palpable tissue loss and gross distortion or asymmetry of the nose, two characteristics of disfigurement. The Board has assigned a 30 percent disability rating for these scars under DC 7800 as well as an additional 30 percent disability rating under DC 7804 for five or more painful scars on the head, face and neck.

The Board has determined that the Veteran's service-connected right fourth finger disability does not warrant an extraschedular rating, as it is already adequately covered by the current 10% rating under DC 5199-5155.

The Veteran's appeal involves multiple service-connected disabilities, including PTSD, DMII with erectile dysfunction, peripheral neuropathy of the upper and lower extremities, IHD, and scars. The Board has jurisdiction to consider entitlement to a TDIU in this instance.

The Veteran's claims for increased ratings and service connection were denied. The penis laceration scar was rated at 10%, the anal fissure as a residual of a puncture wound to the left buttock was not compensable, tinnitus was granted, COPD with history of pneumonia was granted, and low back disorder was not granted.