Scars decisions — 2017

The Board has remanded the case for further development, including obtaining a VA medical opinion regarding the Veteran's lung condition and its relation to service connection.

The Veteran's appeal is being remanded for additional development, including obtaining new VA examinations to assess the current severity of his service-connected bilateral hearing loss and coronary artery disease.

The Board determined that the Veteran's service-connected scars are not manifested by symptomatology that is not reflected by the schedular criteria, and therefore denied an extraschedular rating.

The Veteran's right knee scars are rated based on their functional impact and area. The painful scar is currently rated at 10 percent, while the two nonlinear scars remain noncompensable.

The Board has restored service connection for bilateral breast reduction surgery with residual scars, finding that the original decision was not clearly and unmistakably erroneous.

The Board has determined that the Veteran is entitled to a compensable rating of 10 percent for his service-connected right ring finger disability, which impacts his ability to perform prolonged gripping and grasping activities due to pain. The Veteran's forehead scar is rated as noncompensable.

The Veteran's left elbow condition was rated at 10 percent prior to August 23, 2012 and at 20 percent from August 23, 2012 through April 15, 2013. From April 15, 2013, the Veteran's left elbow condition was rated at 10 percent.,The Veteran is not entitled to a TDIU as his service-connected disabilities do not meet the criteria for consideration under 38 C.F.R. § 4.16(b).

The Veteran has withdrawn his appeals regarding increased ratings for various conditions, including obstructive sleep apnea, right ankle degenerative joint disease, lumbar spine degenerative changes, left lower extremity radiculopathy (sciatic branch), right shoulder degenerative joint disease, left shoulder degenerative joint disease, tinnitus, heart disorder, and other related conditions. The appeals are dismissed.

The Veteran's right foot plantar fasciitis has been rated as 20 percent disabling prior to June 11, 2015, and 30 percent since that date. The Veteran's left foot plantar fasciitis was initially rated at 20 percent before May 31, 2013, and increased to 40 percent after that date.,The Board found the evidence did not support a higher rating for either condition.

The Veteran's death was caused by a stroke, which the VA doctor opined was due to his service-connected type II diabetes with peripheral neuropathy of the lower extremities and medication for ischemic heart disease. The Board grants service connection for the cause of the Veteran's death. However, there is no evidence in the file at the date of death that would have supported a claim for accrued benefits.

The Board has determined that the Veteran does not have current diagnoses for most of his claimed conditions and finds no evidence to support service connection for these disorders. The only condition found by the Board with a possible link to service is dementia, but this was many years after service.

The Veteran has withdrawn his appeals for increased ratings in excess of 10 percent for right lateral thigh shrapnel and gunshot wound residuals with scars, and right knee weakness and decreased right lateral thigh sensation. The Board dismisses these claims.

The Veteran's service-connected scars from a bilateral mastectomy have been rated at 20 percent, effective February 6, 2011. The Board has found that the Veteran is entitled to this rating based on his moderate incomplete paralysis of the long thoracic nerve in both upper extremities.

The Board has remanded the case for further development, including consideration of additional evidence and a discussion of the impact of newly service-connected disabilities on the Veteran's employability.

The Board has remanded the claims for further development and readjudication, as the AOJ did not grant service connection or issue a supplemental statement of the case.

The Board has granted service connection for peripheral neuropathy of the left lower extremity with a surgical scar and assigned a 20 percent disability rating, effective January 22, 2010. The Veteran's residuals from the status post-contusion of the left knee are rated at 10 percent.

The Veteran's attorney has withdrawn all issues currently on appeal, including service connection for right cheek scar and tinnitus; an earlier effective date for PTSD with major depressive disorder; and increased ratings for PTSD with major depressive disorder, TBI residual, left knee injury residuals, and right knee strain. The Board does not have jurisdiction to consider these matters.

The Veteran's appeal is remanded due to the need for additional VA examinations and updated treatment records.

The Veteran's initial ratings for an acquired psychiatric disorder, headaches, and cervical muscle strain were granted. The remaining claims were denied.

The Board has determined that the Veteran's facial scarring, headaches, and sinus condition resulted from his own willful misconduct during service. As such, these conditions are not considered to have occurred in the line of duty.