Scars decisions — 2016

The Veteran's nerve damage of the left upper extremity and right upper extremity have been granted service connection with effective dates set at January 5, 2010.

The Veteran's scars of the head, face, or neck are rated at 30 percent. A separate rating of 10 percent for painful scars is granted. The Veteran's ischemic heart disease is service connected due to exposure to herbicides.

The Veteran's appeal is being remanded due to the need for additional development, including consideration of new evidence.

The Veteran's claim for an initial compensable rating for residual scarring on the right and left sides, back of neck was granted with a 10% rating.

The Board has determined that the Veteran's current bilateral eye disabilities, including cataracts and presbyopia, are not related to his in-service injuries or service-connected left eye corneal scarring. The claim for service connection is therefore denied.

The Veteran's service-connected disabilities, including his major depression and other psychiatric disorders, have caused him to be unable to obtain and sustain a substantially gainful occupation as of September 11, 2011.

The Veteran's scar, status post left clavicle repair is stable and not painful. The range of motion of the left shoulder has been shown to be within normal limits at all times during the appeal period with occasional pain on the shoulder. Therefore, a compensable evaluation for this condition is denied.

The Veteran's hemorrhoids, left hand strain (index and long fingers), and scars from surgery were rated as appropriate under the applicable rating criteria. The highest schedular evaluations available for these conditions have been granted.

The Veteran's initial claims for higher ratings for shrapnel wounds and scars have been denied. The lower extremity muscle disabilities are rated as 10% each, while the upper lip scar is rated at 0%. The scars causing limitation of function of the knee are also rated as 10%.,The Veteran's service-connected shrapnel wounds have not met criteria for higher ratings under DCs 5311 and 5312. However, separate 10% ratings were assigned for each leg based on muscle Group XI disabilities.

The Board has remanded the case for further development, including obtaining SSA records and a new VA examination to determine all current residuals of the service-connected TBI. The Veteran's claim remains pending.

The Veteran's service-connected scar of the left thigh is rated as 10 percent disabling prior to July 2, 2013. The claim for an increased rating remains before the Board.

The Board has remanded the case for additional development, including obtaining medical records and conducting a VA examination to address the severity of the Veteran's service-connected residuals of compartment syndrome, cellulitis, and scarring resulting from a staphylococcus infection.

The Veteran appeals for an earlier effective date for the grant of a total disability rating based on individual unemployability, which was granted in July 2011. The appeal is remanded to refer the case to the Director, Compensation Service for consideration under 38 C.F.R. § 4.16(b).

The Board has determined that the Veteran's right foot amputation and residual surgical scar are the result of an in-service injury, resulting in service connection being granted for these conditions.

The Veteran's claims for service connection for a psychiatric disability and increased ratings for residual scarring from inguinal hernias were denied. The Board found no evidence of a current psychiatric disability related to service, and the VA examiner concluded that any current depressive disorder is not due to military experience.

The Veteran's appeal is being remanded for a Travel Board hearing at the Winston-Salem RO. The issues include service connection for sleep apnea, earlier effective date for PTSD, increased ratings for PTSD and gunshot wound to right thigh with healed fracture to right femur, compensable disability rating for injury to the left right finger with well-healed surgical scar, and TDIU.

The Veteran's claim for an increased evaluation for his residual scar, status post left spermatocele surgery is being remanded due to the need for a new VA examination.

The Veteran's appeal is being remanded for additional development to obtain medical records and schedule him for VA examinations to assess his service-connected disabilities and the etiology of his headache condition.

The Veteran's claims for various conditions, including right shoulder, thoracolumbar spine, left hip, and knee disorders, as well as a right thumb cyst and numbness in the arms and feet, were denied. The Board found no current disabilities related to these issues.

The Veteran was rendered unemployable as of May 21, 2013, solely due to his multiple service-connected disabilities and this has continued unabated since that point in time.