Scars decisions — 2016

The Veteran's service-connected disabilities have not prevented him from securing or following substantially gainful employment for which his education and occupational experience would otherwise qualify him at any point during the appeal period.

The Board finds that the Veteran's service-connected disabilities, including his right sciatic nerve paralysis and other conditions, contributed substantially to his death from an intracranial hemorrhage. As a result, the appeal is granted.

The Board has granted a 10 percent evaluation for the Veteran's scar of the head, finding it to be painful and stable.

The Veteran's PTSD is currently rated at 30 percent, which is the maximum rating available under the General Rating Formula for Mental Disorders. The initial compensable ratings of 10 percent have been granted for his left wrist and left flank scars.

The Veteran's combined rating for all service-connected disabilities is 80 percent, meeting the threshold criteria for a TDIU. The Board finds that he is unable to secure and follow substantially gainful occupation due solely to his service-connected disabilities.

The Veteran's claims for increased ratings were denied as the criteria for a higher rating are not met. The Veteran is precluded from receiving greater than a 10 percent rating due to the Amputation Rule, which limits the combined rating of any extremity.

The Veteran's service-connected disabilities are of such severity that they preclude substantially gainful employment, warranting a TDIU.

The Board has determined that more current VA examinations are needed to properly rate the Veteran's service-connected hemorrhoids and burn scar of the right arm due to the passage of time since his last examinations. The claims will be remanded for these purposes.

The Board has remanded the case due to the Veteran not being provided with a hearing in Florida as requested. The appeal is now pending for further action.

The Veteran's appeal for a temporary total rating for convalescence following surgery for a service-connected disability was dismissed due to the grant of such benefit in a May 2016 rating decision.

The Veteran's service-connected tinnitus is assigned a maximum schedular rating of 10 percent, and no higher. The issues of entitlement to service connection for TBI, dental trauma, asthma, PTSD, an acquired psychiatric disability (other than PTSD), and hearing loss in the right ear are remanded for additional development.

The Board has determined that the Veteran's claims for service connection for left foot cellulitis with a surgical scar and right ankle tendonitis have been denied as there is no evidence of current disabilities or chronic conditions.

The Board has remanded the case for further development, including obtaining VA records and providing notice of secondary service connection.

The Veteran's left hand disability is currently rated at 10 percent under Diagnostic Codes 5309 and 7804. The Board finds that the Veteran is not entitled to a higher rating for his service-connected left hand disability.

The Veteran's appeal was denied for service connection claims and initial disability rating claims. The Board found no evidence of a current left shoulder disorder, and the issues concerning bilateral hand disorders, left wrist disorders, mechanical low back pain with mild joint facet arthropathy, postoperative residuals of a fracture of the right wrist, right wrist surgical scar, and left ankle sprain were not addressed due to lack of service connection claims. The Veteran's appeal is denied.

The Veteran withdrew all appeals regarding her disability claims prior to the Board's decision.

The Veteran's service-connected abdominal scar and acquired psychiatric disorder were not granted. The abdominal scar was denied as there is no evidence of a current disability, and the psychiatric disorder claim was denied due to lack of credible supporting evidence for the claimed in-service stressor.

The Board finds that the Veteran's retinal scars and macular degeneration are related to in-service arc welding, thus granting service connection for these conditions.

The Veteran's left foot hallux valgus and bunionectomy scar of the left foot are currently rated at 10 percent each, with no higher ratings possible under applicable diagnostic codes.,Service connection for peripheral neuropathy of the right and left feet is denied as not secondary to service-connected hallux valgus.

The Veteran's appeal is being remanded due to the failure to schedule a Travel Board hearing. The case will be returned to the Board for further action.