Scars decisions — 2016

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The Veteran's claims for increased ratings were denied as her conditions did not meet the criteria for higher schedular ratings under applicable diagnostic codes.

The Veteran's initial compensable ratings for her bilateral fifth toe arthroplasty with scar were denied as her symptoms did not meet the criteria for a moderate severity, functional loss, or limitation of motion of the foot.

The Board has remanded the case due to incomplete records and further development is needed.

The Board has determined that the current noncompensable evaluation adequately reflects the Veteran's left pinky finger ankylosis and scar disability, as it does not warrant a higher rating based on functional loss due to pain or weakness.

The Veteran's service-connected migraine headaches, left and right hallux valgus with hammer toe, tinea unguium (onychomycosis), residuals of a right wrist fracture, and scar from inguinal herniorrhaphy are all rated as 30 percent disabling. The Veteran is granted increased ratings for these conditions.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran did not meet the criteria for a hearing loss disability, cervical spine disability, right shoulder degenerative joint disease, left knee degenerative joint disease with osteochondromatosis, or right knee degenerative joint disease prior to June 1, 2015.

The Veteran's appeals for increased ratings have been denied. The Veteran has withdrawn his appeals regarding service connection for psoriasis/skin spots, an initial compensable rating for osteoarthritis of the right hand, and an initial rating in excess of 10 percent for residuals of a right foot surgery with hallux rigidus and gout (claimed as right foot hammer toe). The Veteran's claim for an increased rating for cervical degenerative disc disease has been denied. His claims have not yet been adjudicated.

The Veteran has been granted service connection for tinnitus and acne scars. The Board found that the Veteran experienced in-service exposure to noise, which led to current tinnitus symptoms. For acne scars, the Board determined there were in-service symptoms of scarring noted during service and no evidence of pre-existing condition.

The Board has remanded the case due to the need for additional development, including obtaining SSA and workers' compensation records, as well as VA treatment records. The Veteran's right knee disorder and low back disorder claims are being reviewed.

The Board has determined that the Veteran is unable to secure and follow a substantially gainful occupation due to his service-connected disabilities, which include right lower extremity varicose veins, stasis dermatitis of the right lower leg and foot, left knee degenerative joint disease, chin scars, and right shoulder degenerative changes with rotator cuff tendonitis. The Veteran's combined evaluation has been 70 percent since May 31, 2011.

The Veteran's claim for a right index finger scar was denied as the scar is not deep or limited in motion, and does not meet the criteria for a compensable rating.

The Veteran's service-connected tender scar, left foot, status-post plantar wart removal with subsequent removal of painful scar tissue is rated at 30 percent, which constitutes a full grant of the appeal.

The Veteran's scars from a bilateral mammectomy are currently rated as 50 percent under Diagnostic Code 7626, effective since July 2014. The psychiatric disorder issue is being remanded for further development.

The Board has granted service connection for a right ring finger scar and a left knee disability, both related to the Veteran's active duty training (ACDUTRA) in the Marine Corps. The maximum rating of 10% is assigned for each condition.

The Veteran's appeals were granted, with increased ratings for PTSD and ankle disabilities. The right ear hearing loss was rated as noncompensable, but the effective dates for service connection of diabetic neuropathy in both lower extremities are being remanded.

The Board has remanded the case for further development, including obtaining medical records from the Veteran's December 2014 surgery and considering a temporary total evaluation based on surgical or other treatment. The claim will be readjudicated with consideration of Diagnostic Code 5055 by analogy.

The Board found that the Veteran's service-connected disabilities did not cause his death, and thus denied entitlement to service connection for the cause of his death.

The Board has determined that the Veteran's appendectomy residuals and scar are not related to his military service or a service-connected disability, and thus denied the claim for service connection.

The Board has remanded the case for additional development, including scheduling a VA examination to assess the Veteran's service-connected scars and their associated neurological symptoms. The claim will be reconsidered based on the new evidence.