Scars decisions — 2016

The Veteran's hernia scars are currently evaluated at a 10 percent rating, and the evidence does not support an increase in this evaluation.

The Veteran's claim for a compensable rating for his surgical scars of the right forearm, left medial thigh and upper abdomen has been granted.

The Veteran's claims for higher initial ratings for his service-connected right hip strain, left shoulder impingement and arthroscopic debridement with residual scar, chronic right ankle sprain, and left ankle degenerative joint disease were denied. The disabilities are rated based on their direct effects rather than any presumption or secondary theory.

The Veteran's claim for an increased rating of scars from gunshot wound to the left thigh was granted with a 20% evaluation effective December 20, 2004. The Board denied service connection for a psychiatric disability and TDIU remains in appellate status.

The Veteran's appeal is being remanded for additional development, including obtaining his complete service personnel records and VA treatment records. Additional medical opinions are also needed regarding the diagnoses of psychiatric disorders, vasovagal syncope, seborrheic keratosis and actinic keratosis, and bilateral hearing loss.

The Board has determined that the Veteran's eye disabilities, including amblyopia and non-senile cataract, are related to his active duty service. However, there is no clear evidence of ocular histoplasmosis with retinal scarring being related to service.

The Veteran's acne with scars has not been shown to meet the criteria for a higher rating under any applicable diagnostic code.

The Veteran's service-connected varicose veins and benign surgical scars do not prevent him from securing or following substantially gainful employment, as he is able to walk up to one and a half miles with the help of a cane.

The Veteran's claim of entitlement to service connection for status post hysterectomy with painful scar was denied in the April 2007 rating decision. The issue is now moot as a new and material evidence appeal has been granted due to the grant of service connection for irregular menses, status post hysterectomy and painful scars associated with hysterectomy.

The Veteran's service-connected disabilities have resulted in unemployability throughout the appellate period.

The Veteran's scar from a subcutaneous mastectomy on his right breast is not compensable, as it does not meet the criteria for any of the applicable diagnostic codes.

The Veteran's appeal is being remanded to schedule him for a VA examination and obtain additional medical records. The issues of entitlement to an evaluation in excess of 20 percent for right shoulder recurrent dislocation with degenerative arthritis of the AC and glenohumeral joint, and entitlement to an initial compensable evaluation for scar, status post surgery, right shoulder will be reconsidered after these actions.

The Veteran's service-connected disabilities are of such severity as to effectively preclude all forms of substantially gainful employment for which the Veteran's education and occupational experience would otherwise qualify him, resulting in a grant of TDIU.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's claimed respiratory disabilities, including whether any preexisting conditions were aggravated by service. Additional medical records are also sought.

The Board denied service connection for a right eye disability and an increased rating for left knee disability, finding that the Veteran's conditions were not incurred or aggravated by military service.

The Veteran's service-connected disabilities are not sufficient by themselves to preclude him from obtaining or maintaining any form of substantially gainful employment consistent with his education and occupational experience.

The Veteran's appeal for service connection for a heart disability, to include as due to exposure to an herbicidal agent and as secondary to a service-connected disability is dismissed. The Veteran's appeal for special monthly compensation based on the need for regular aid and attendance or being housebound is dismissed. The Veteran's appeal for total rating based on individual unemployability due to service-connected disability is granted.

The Board has determined that the March 2011 VA examination is inadequate for adjudicating the Veteran's claim and has therefore remanded the case for further action.

The Board has remanded the case for additional development due to missing VA medical center records from Little Rock.

The Board found that there was no evidence linking the Veteran's current low back disability to his military service, and thus denied the claim.