Scars decisions — 2016

The Veteran's appeal is being remanded for additional development, including clarification of the current severity and manifestations of his service-connected sick sinus syndrome with ventricular tachycardia and a residual scar status post pacemaker placement.

The Veteran's claim for a higher disability rating for his right lower extremity varicose veins, status post vein stripping surgery with scars is being remanded due to the need for additional development and examination.

The Veteran's combined service-connected disability rating is 70%, which meets the threshold for a TDIU. However, his service-connected disabilities alone do not render him unemployable.

The Veteran's claim for a higher rating for his service-connected residuals of pilonidal cystectomy, including scarring and persistent sacral pain due to cutaneous nerve injury, is being remanded for additional development.

The Veteran's claim for a higher rating for her left hip disability is being remanded due to the need for additional development, including obtaining outstanding medical records and scheduling a VA examination.

The Veteran's service-connected disabilities meet the percentage requirements for a TDIU, and the evidence demonstrates that he is as likely as not unable to secure or follow a substantially gainful occupation by reason of his service-connected disabilities.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining VA treatment records and scheduling a VA examination. The case will be remanded to the Agency of Original Jurisdiction (AOJ).

The Board denied the Veteran's claims for increased ratings for his bilateral knee conditions, finding that there was no evidence of a service connection for erectile dysfunction and insufficient evidence to support higher disability ratings for his left knee gonoarthritis with scars, right knee instability, and right knee osteoarthritis.

The Board has determined that the Veteran's hepatitis C is service-connected, as it was incurred during his military service due to risk factors such as high-risk sexual activity. The other issues regarding hearing loss and right elbow condition are granted.

The Veteran's right peroneal nerve palsy is not manifested by complete paralysis, and the current 30 percent rating for this condition remains appropriate.,Posttraumatic oculomotor dysfunction does not meet the criteria for a higher rating under applicable diagnostic codes.,Chin scars are rated based on their severity but do not warrant an increased rating as they do not cause significant functional impairment or limitation of motion.,The excision of the left serratus for a muscle flap graft affecting the non-dominant extremity does not meet the criteria for a higher rating under applicable diagnostic codes.,Degenerative disc disease with facet arthritis and spondylosis of the lumbar spine does not meet the criteria for a higher rating as it does not result in incapacitating episodes or severe ankylosis.,Since April 19, 2016, the Veteran's TBI has been manifested by level '3' impairment under the Table of Facets of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified based on motor activity. A separate compensable rating for a peripheral vestibular disorder as a residual of TBI is granted.,Posttraumatic headaches, status-post TBI do not meet the criteria for a higher rating under applicable diagnostic codes.

The Veteran's death was caused by an accidental drug overdose, which is considered the result of his own willful misconduct. The service-connected disabilities and prescribed medications did not contribute to his cause of death.

The Veteran is entitled to an initial 20 percent rating for the residual surgical scar of the anterior lower abdomen, including excess skin above the scar. The Board finds that the Veteran's complaints of pain and instability warrant this increased rating.

The Veteran meets the schedular requirements for a TDIU with a combined total rating of 80 percent, but his service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment.

The Veteran's appeal is being remanded for a hearing before the Board of Veterans' Appeals. The issues are related to service connection and an initial rating for lipoma scars.

The Veteran's scar associated with left knee surgery is painful but not larger than 12 square inches or 77 square centimeters, and does not warrant a higher rating.

The Board has reopened the claim for service connection for a skin disability and granted service connection for headaches as secondary to a head scar. The Veteran's head scar is not service-connected, but his headaches are found to be related to his head scar.

The Veteran's appeal is being remanded due to the need for additional examinations and a supplemental statement of the case.

The Board found that the Veteran's ruptured appendix, abdominal hernia, scars, and abdominal deformity are caused by VA's failure to timely diagnose and treat his appendicitis in 2002 or 2005. The event was not reasonably foreseeable.

The Board has determined that the Veteran's right hand and wrist tenosynovitis is not currently shown, and thus service connection for this condition cannot be granted.

The Veteran's claim for a separate initial compensable rating for a right thigh scar due to surgery for myxoid liposarcoma is denied as the extra-schedular 100 percent rating assigned for myxoid liposarcoma under Diagnostic Code 5313 has compensated the Veteran for pain and other functional impairment resulting from the nonhealing wound on his right thigh throughout the appeal period.