Scars decisions — 2016

The Veteran's appeal for a compensable rating for blepharitis was withdrawn at his Board hearing. The Veteran's service-connected hemorrhoids are currently rated as noncompensable.,The Veteran's service connection claims for anthrax shots and bilateral hearing loss were also withdrawn at his Board hearing.

The Veteran's left forearm scar warrants a disability rating of 10 percent since June 23, 2006. Service connection for residuals of frostbite of the bilateral upper and lower extremities has been granted. The appeal is granted in full.

The Veteran's claims for service connection for tinnitus, liver disorder, and various knee disabilities have been granted. The Veteran is also entitled to an initial compensable rating for his septoplasty.

The Veteran's right shoulder disability, characterized by a shrapnel wound and scar, is currently rated at 20 percent disabling. The Board finds that the evidence does not support an increase in rating during this time frame.

The Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation, and his claim for TDIU is denied.

The Veteran's scars of the forehead and left lower lip were initially rated as 10 percent effective June 5, 2015. From October 14, 2015, he is entitled to a separate 20 percent rating for painful and unstable scars.

The Veteran's service-connected scars residual to a left lower extremity gunshot wound are not compensable as they do not meet the criteria for any higher rating under VA's schedular guidelines.

The Veteran's service-connected CAD with sick sinus syndrome and pacemaker implant has been rated at 30 percent since May 28, 2010. The evidence does not meet the criteria for a higher rating under any applicable diagnostic code.

The Veteran's right testicle scar, residual of right hydrocele removal and orchiopexy, was rated as 10 percent disabling effective September 9, 2014. The painful scar of the right testicle was rated as 10 percent disabling from January 29, 2007 to September 8, 2014.

The Veteran's closed enterocutaneous fistula and abdominal scarring, resulting from a hernia repair and small bowel resection at the VA, are considered an additional disability due to unforeseen events not reasonably foreseeable by VA staff.

The Veteran's post-operative cervical spine scar is not disfiguring, does not cause limitation of function, and does not meet the criteria for a compensable rating under any applicable diagnostic code.

The Veteran's left foot disability, including his ankle limitation, warrants a separate 10% rating effective November 18, 2015.

The Veteran's service connection claim for tinnitus has been granted with a 10% evaluation, and he is also entitled to separate evaluations of 10% each for his inguinal hernia and the scar from his inguinal hernia surgery. The Veteran's service connection claim for pseudofolliculitis barbae (scarring) has been granted with a 30% evaluation based on disfigurement of the face and head.

The Veteran's claims for increased ratings were denied as his service-connected conditions did not meet the criteria for a compensable rating under applicable diagnostic codes.

The Board has received a withdrawal of the appeals from the Veteran, thus dismissing the cases.

The Veteran's right knee scar is currently rated at 10 percent, effective February 6, 2008. The Board finds that a higher rating is not warranted for the period of the appeal.

The Board has determined that the Veteran's abdominal scar, characterized by one linear scar measuring 14 centimeters long and 0.25 centimeters wide, is painful and unstable, warranting a 20 percent disability rating under Diagnostic Code 7804.

The Veteran's appeal is being remanded due to the need for a new VA examination as his symptoms have increased since his last examination, and updated VA treatment records are needed.

The Veteran's claim for a compensable disability rating for bilateral foot scars was denied, as the scars are superficial and not painful. The issue of entitlement to TDIU is also pending.

The Veteran's combined rating of 80 percent due to service-connected disabilities, including coronary artery disease and PTSD, precludes him from securing or following substantially gainful employment. The Board finds that the evidence supports a total disability evaluation based on individual unemployability.