Scars decisions — 2016

The Veteran's appeals on several issues have been dismissed as the Veteran and his representative requested to withdraw these claims.

The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and VA treatment records. The Veteran will be scheduled for a VA examination to determine the nature and etiology of his hernia surgical scar and gastrointestinal disability.

The Veteran's right foot bunionectomy residuals are rated at 10 percent, his pes planus is rated at 30 percent prior to October 24, 2005 and 10 percent from that date, and he has a separate rating for anterior metatarsalgia since December 28, 2012. The Veteran's keloid scar of the right foot remains rated at 10 percent.

The Board grants an effective date of June 2, 2005 for the award of a TDIU on an extraschedular basis. The Veteran was unable to secure or follow a substantially gainful occupation as of June 2, 2005 due to his service-connected disabilities.

The Board finds that the Veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation, and thus denies his claim for TDIU.

The Veteran's combined disability rating is currently at 80 percent, which meets the schedular criteria for a TDIU. The Board finds that his service-connected disabilities combine to render him unable to secure or follow substantially gainful employment.

The Board has remanded the Veteran's claims due to inadequate opinions regarding his low back disorder and scar, as well as the need for additional VA examinations. The case will be returned to the Board after these actions are completed.

The Board has determined that the Veteran's request to reopen his previously denied claim for service connection for residuals of fracture of the right humerus is not supported by new and material evidence. The claims for residual scar, status post left tibial bone graft (left leg scar) and bilateral hearing loss are also denied as they do not involve a service connection issue.

The Veteran's claim for a higher initial rating for intervertebral disc syndrome, lumbar spine was denied. The Veteran is currently rated at 40 percent for this condition.

The Board has determined that the Veteran's high cholesterol is not a compensable disability for which service connection can be granted, as it is merely a laboratory finding. The issues of entitlement to initial compensable ratings for left Achilles tendon rupture repair with scar and hypertension are addressed in the REMAND portion of this decision.

The Board found that the Veteran's service-connected disabilities did not cause or contribute substantially to his death, and that the medication he was taking for these conditions did not play a significant role in causing his kidney failure.

The Board has dismissed the Veteran's appeals regarding increased ratings for PTSD. The right leg scar claim is granted, with service connection established.

The Veteran's service-connected disabilities, including diabetes and neuropathy, have not rendered him unable to secure or follow a substantially gainful occupation.

The Veteran's service-connected disabilities, including PTSD, migraine headaches, thoracolumbar spine disability, and other conditions, render her unable to secure or follow substantially gainful employment. The Board grants a TDIU from January 12, 2005.

The Board has reopened the Veteran's previously denied claim for service connection for scars of the penis and scrotum. The new evidence received is sufficient to reopen this claim, but further development is needed to determine if there was a groin injury during service and whether it caused any current disabilities.

The Veteran's appeal involves multiple issues including increased evaluations for his service-connected lung disability and skin conditions, as well as claims for a hernia and nasal condition. The Board has remanded the case due to additional development needed.

The Board has determined that the Veteran's skin cancer, including its residual facial scars, is causally related to his military service and grants service connection for these conditions.

The Veteran's appeal is being REMANDED to the AOJ for a hearing before a Veterans Law Judge at the local VA office. The Veteran has requested a Board videoconference hearing, but his request was received prior to any Board consideration of his appeal.

The Board has determined that the Veteran's right and left hamstring disabilities, as well as his residual scar status post hernia surgery, are not service-connected.

The Veteran's TDIU and DEA eligibility were awarded effective February 17, 2007. The Board found that an earlier effective date was not warranted due to the Veteran's continued employment until February 16, 2007.