Scars decisions — 2016

The Veteran's claims for hearing loss, psychiatric disorder (depressive disorder NOS), left gluteus shell fragment wound, and scar formation in left gluteus have been denied as there is no evidence of a service connection relationship to these conditions.

The Veteran's claim for a separate rating of 10 percent for scotoma of the left eye is granted beginning February 5, 2013. The claims for higher schedular and extraschedular ratings for chorioretinal scar of the left eye are remanded.

The Veteran's claims for increased evaluations and service connection have been denied. The Board found no evidence to support the claimed conditions or their relationship to service.

The Veteran's appeal is being remanded for further action, including scheduling an RO hearing. The issues on appeal include ratings for various conditions and disabilities.

The Veteran's service-connected GERD and hiatal hernia, status post Nissen fundoplication with residual scar resulted in persistently recurrent epigastric distress, dysphagia, heartburn, reflux, regurgitation, and sleep disturbance. The Board granted a 30 percent rating for this condition.

The Veteran's low back disability, specifically her lumbar spine degenerative arthritic changes and IVDS with left superficial peroneal nerve involvement and scarring, is currently rated at 20 percent. The claim for a higher initial rating was denied.

The Veteran's ischiorectal fistula with postoperative scar results in moderate reduction of lumen and/or moderate constant leakage, warranting a 30 percent disability rating.

The Veteran's service-connected disabilities render him unemployable, and the Board has granted a TDIU.

The Board finds that the evidence is in relative equipoise as to whether the Veteran's right knee scar was sustained during service. The Veteran's claim for service connection for bilateral hearing loss disability must be denied.

The Board denied the Veteran's claim for a compensable disability rating for his right knee surgical scars and found that the reduction in his service-connected right knee instability rating from 10 percent to 0 percent, effective May 7, 2012, was not proper. The evidence did not support higher ratings under the applicable diagnostic codes.

The Veteran's claim for an increased rating for residuals of a shell fragment wound to the left thigh with partial paralysis of the anterior crural nerve was granted, and he is now rated at 30 percent. The claim for a separate compensable rating for scar, left thigh remains pending.

The Veteran's service connection claims for mitral valve prolapse, pseudofolliculitis barbae, and alopecia areata were granted. His claim for an initial compensable rating for residual scarring from a right ring finger cyst removal was also granted.

The Board denied the Veteran's claims for initial compensable disability ratings for post-operative cyst with scar (neck scar), herpes simplex, and stromal opacities, status post photorefractive keratectomy (bilateral eye disability).

The Board denied claims for service connection for a sinus disability and a right arm scar, as well as an initial rating for a scar on the right side of the head. The Veteran's current conditions are not related to his military service.

The Board has remanded the case for extraschedular consideration due to the Veteran's chronic pain and interference with work ability caused by his appendectomy scars.

The Veteran's claims for service connection for back and hip disabilities, left shoulder disability, and lower left eyelid scar were not granted. However, the Veteran was granted service connection for a left shoulder scar with a compensable rating (0-10%).

The Veteran's bilateral hernia repair scars are currently assigned a noncompensable disability rating, and the Board finds that this is not warranted based on the evidence of record. The Veteran has been provided with adequate notice under VCAA.

The Veteran's service-connected disabilities, including left and right hip replacements and a fractured pubic bone and pelvis, render him unable to secure and follow substantially gainful employment. The Board grants total disability rating based on individual unemployability (TDIU).

The Veteran's service-connected coronary artery disease, which became 100% disabling on November 7, 2011, precluded him from securing and following substantially gainful employment prior to that date. However, his other service-connected conditions did not meet the criteria for a TDIU due to their combined effect.

The Board has determined that none of the Veteran's claimed disabilities began during service or are related to service in any other way.