Scars decisions — 2016

The Board denied service connection for the claimed shoulder, low back, ankle, and hip disabilities. The decision also addressed hypertension and respiratory/pulmonary conditions but did not grant any of these claims.

The Veteran's claims for initial compensable ratings for scars of each lower extremity are being remanded due to the need for additional development, including an examination to consider flare-ups and instability.

The Board has determined that new and material evidence was received to reopen the claim of entitlement to service connection for an abdominal hernia. The Veteran's abdominal hernia is found to be at least as likely as not related to his period of active duty, including due to the documented in-service abdominal complaints and May 1991 clinical observation of a bulging area around the Veteran's umbilicus.

The Veteran's service-connected right hip disability resulted in painful motion and degenerative arthritis, warranting a 10% rating prior to November 7, 2014. For the entire appeal period, his right hip disability did not meet criteria for higher ratings. The Veteran's right great toe disability was rated as noncompensable throughout the appeal period.

The Veteran's claims for increased ratings for his service-connected conditions have been denied. The Board found that the evidence did not support a higher rating prior to October 6, 2010, and granted a separate noncompensable rating for a scar associated with his thoracotomy.

The Veteran's claim for a rating in excess of 10 percent for acne vulgaris with residual scarring was denied. The claim for service connection for hypertension, to include as secondary to in-service exposure to herbicides or as secondary to service-connected acne vulgaris with residual scarring, was also denied.

The evidence does not show that the Veteran's service-connected disabilities are of sufficient severity to preclude him from securing and following substantially gainful employment.

The Veteran's service-connected disabilities prevented him from securing or maintaining substantially gainful employment as of December 11, 2009. The Board granted a TDIU effective that date.

The Veteran's penis deformity with erectile dysfunction is rated at 20 percent, but not higher. The penile scar is rated at 10 percent since May 18, 2012.

The Veteran's appeal is remanded due to scheduling issues for a Board hearing. The specific service connection or exposure basis details are not provided in the decision.

The Veteran's appeal is being remanded due to the need for a new VA examination and additional records.

The Board has granted a 10% disability rating for the Veteran's service-connected left thumb disability, effective August 31, 2010. The separate compensable rating for the service-connected left hand scar is denied.

The Veteran's scars were painful but not deep or caused limited motion. They met the criteria for a 10 percent rating from August 30, 2002 to October 23, 2008 and a 20 percent rating thereafter.

The Board has remanded the case for further development due to concerns about the nature and severity of the Veteran's hearing loss and scars, as well as potential noise exposure during service.

The Veteran's left hand Dupuytren's contracture is not considered to be related to his service or a service-connected condition. The Veteran's corneal scarring of the left eye with secondary induced irregular astigmatism and decreased visual acuity secondary to metallic foreign body injury has not resulted in corrected distance vision worse than 20/40, which does not warrant a higher rating.

The Veteran's appeal is being remanded due to a scheduling issue for a hearing before a Veterans Law Judge (VLJ). The case will be returned to the Board after the scheduled hearing.

The Veteran's service-connected tinnitus is assigned the maximum schedular rating of 10 percent. The claim for an initial evaluation in excess of 10 percent for tinnitus is denied as there are no legal grounds to assign a higher evaluation under Diagnostic Code 6260. For ED, the RO has already granted service connection and assigned the minimum (zero percent) evaluation allowed by law.

The Veteran's right little finger disability, including carpal tunnel syndrome, is service connected and rated at the maximum allowable under VA regulations. The claim for an initial compensable rating for his right little finger crush injury with residual scar is granted.

The Veteran's dermatitis and actinic keratosis of the bilateral upper extremities are service-connected. The left hand scar, seizure disorder, and arthritis of the cervical spine and shoulders are not service-connected.

The Veteran's claims for higher initial ratings have been granted, with a 10 percent evaluation assigned for residuals of partially amputated left index finger. The issue of service connection for traumatic brain injury was denied. The claim for multiple noncompensable disabilities is moot due to the assignment of at least 10 percent throughout the rating period.