Scars decisions — 2016

The Veteran's intervertebral disc syndrome and degenerative joint disease resulted in a 40 percent rating, but no higher. The peripheral neuropathy of the sciatic nerve, right lower extremity, was rated at 10 percent.

The Veteran's caesarean section scar is painful and meets the criteria for a 10 percent rating under Diagnostic Code 7804.

The Veteran's service-connected disabilities render him so helpless as to be in need of regular aid and attendance, allowing for SMC based on the need for the regular aid and attendance of another person.

The Veteran's service-connected left elbow fragment tip is rated at 10 percent. Service connection for his left shoulder condition, bilateral eye conditions, hearing loss, hypertension, and lipomas are granted. The acquired psychiatric disability (to include PTSD, depression, and anxiety) is also granted.

The Board has remanded the case due to issues with the procedural aspects and a need for additional development, including scheduling a VA examination for the neck scar.

The Veteran's pre-existing residuals of abdominal stab wound with exploratory laparotomy were not aggravated by active service, and any currently diagnosed stab wound residuals are not shown to be otherwise related to a disease, injury, or event in service.

The Veteran's service-connected chronic calcific and fibrotic scarring of the lung is granted, with COPD also considered as a current disability.,Service connection for COPD is denied. The preponderance of evidence fails to establish that the Veteran's diagnosed COPD is related to his military service.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and a new VA examination to assess the severity of his service-connected callous of the right foot with residual surgical scars. The TDIU claim will be adjudicated together.

The Board found that the VA surgeries did not result in additional disability, and concluded that there was no negligence or fault on the part of VA staff.

The Veteran's claims for higher ratings for his right inguinal hernia and residual surgical scar, as well as a secondary service connection claim for a muscle disability, were denied. The Board found that the evidence did not support granting any of these claims.

The Veteran's claims for increased evaluations for his service-connected right shoulder disability and post-surgical scar are being remanded to allow for further development, including scheduling a VA examination.

The Veteran's appeal is being remanded to obtain additional VA examinations and to obtain any outstanding private treatment records. The case will be reviewed for readjudication.

The Veteran's appeal is remanded for further development, including additional VA examinations and opinions regarding the severity of his left wrist disability and its impact on his ability to work. The case may also be referred to determine if an extraschedular rating is warranted.

The Veteran's claim for an increased rating for his service-connected right eye disability is being remanded due to the need for a new VA examination.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected status post left pectoralis repair with scar.

The Board has decided that the Veteran's claim for TDIU due to service-connected disabilities should be remanded for additional development, including obtaining employment information and a VA examination.

The Veteran's service-connected disabilities effectively result in the permanent loss of use of the bilateral lower extremities, which precludes locomotion without the aid of a cane, scooter, and/or wheelchair. The Board finds that he meets the criteria for specially adapted housing.

The Veteran's claims for higher initial evaluations for his scars and service connection for a lung disorder were denied. The Board found that the evidence did not meet the criteria for a higher evaluation under applicable rating codes.

The Veteran has a scar on the upper lip as a residual of an in-service facial injury, and this is considered service-connected.

The Veteran's initial claim for scars from his right ankle surgery was denied, and a rating in excess of 10 percent from October 4, 2012, was also denied. The Board found that the current ratings adequately capture the severity of the service-connected condition.