Scars decisions — 2016

The Veteran is seeking compensation under 38 U.S.C. § 1151 for complications following his October 2010 surgery at a VA facility, including limited motion of the right arm and hand, and infection of the surgical scar on his wrist. The Board finds that additional development is needed to properly adjudicate these claims.

The Veteran's appeal has been withdrawn for the issues of entitlement to service connection for a right shoulder disability and entitlement to an initial compensable disability rating for a burn scar of the right forearm. The claim for service connection for bilateral hearing loss is denied as there is no evidence of current hearing loss.

The Veteran's left inguinal hernia repair scar is currently rated as noncompensable due to its lack of functional impairment and not meeting the criteria for a compensable rating under any applicable diagnostic codes.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU based on their combined rating and individual disability ratings. The VA examiner found that his foot disabilities prevent him from engaging in physical employment, but he is still capable of sedentary work.

The Board found that the Veteran's lung disability, including COPD and emphysema, was not incurred in or aggravated during service. The examiner concluded there is no data in the service treatment records to support a finding of chronicity.

The Veteran's initial claims for higher ratings for scar, status-post thyroidectomy, and hypoparathyroidism, status-post thyroidectomy were denied. The Board found that the evidence did not meet the criteria for a rating higher than 20 percent for the scar or higher than 60 percent for the hypoparathyroidism.,The Veteran's scars do not meet the criteria for disfigurement and are rated under Diagnostic Code 7805. The hypoparathyroidism does not result in marked neuromuscular excitability, laryngeal stridor, or cataract.

The Board has dismissed the appeal due to withdrawal by the appellant's authorized representative.

The Board found that the Veteran's chronic acne with scars did not have its onset in service and is not otherwise related to her military service, thus denying her claim for service connection.

The Board is remanding the case to consider the collective impact of all the Veteran's service-connected disabilities, including bilateral hearing loss disability, on his disability picture and whether it renders the schedular evaluations inadequate for an extra-schedular rating.

The Veteran's claim for a compensable rating for right eye scar with decreased visual acuity prior to April 22, 2014 was denied. The claim for a higher than 10 percent rating for the same condition beginning April 22, 2014 was also denied.

The Veteran's claim for TDIU is being remanded due to the need for additional development, including obtaining outstanding records and a VA evaluation by a vocational specialist.

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 her.

The Veteran's claim for a higher initial rating for hypertension was withdrawn. The effective date of the increased rating for hypertension is set at December 4, 2009.

The Veteran's post-operative right knee disability is not entitled to a temporary total rating under the provisions of 38 C.F.R. § 4.30, and his claims for separate compensable evaluations and TDIU are denied.

The Veteran's claims for increased ratings and TDIU were denied, but he was granted a higher rating of 60% for his hearing loss disability effective May 29, 2013. The earlier effective date claim is dismissed as the April 2012 decision became final.

The Veteran's service-connected left eye disability (residuals of left pterygium excision with nasal peripheral corneal scarring and neovascularization) is not shown to cause any visual impairment or conjunctivitis, and has not resulted in disfigurement.,A compensable rating is not warranted for the veteran's service-connected left eye disability.

The Veteran's anterior chest scar is rated at 10 percent, but he has a separate rating for his muscle injury in Muscle Group XXI. The Board denied the request for an increased rating for the scar and granted a separate rating for the muscle injury.

The Veteran's service-connected compression fracture, T7-T9 with spondylosis and IVDS, status-post laminectomy of the thoracic spine, is currently rated at 20 percent. The other issues are not addressed as they do not involve service connection.

The Veteran's service-connected disabilities prior to August 16, 2013 were rated at 70 percent for PTSD with depression. These conditions rendered him unable to secure and follow a substantially gainful occupation due to his physical impairments.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation since August 25, 2015. The Board has determined that the criteria for TDIU on a schedular basis are met.