Scars decisions — 2017

The Veteran's service-connected conditions, including PTSD, scars, diabetes mellitus with erectile dysfunction, right hand arthritis, tinnitus, and bilateral hearing loss, prevent him from securing or following substantially gainful employment. The Board finds that the Veteran meets the schedular requirement for a TDIU due to his combined disability rating of 80 percent.

The Veteran's service connection claims for various conditions are granted, with the exception of a lung disability and sleep apnea. Service connection is established for diverticulitis, post-operative trunk scar, sigmoid colon resection, colostomy, atrial fibrillation, adjustment disorder, and bilateral lower extremity neuropathy as aggravated or incurred during service.

The Veteran's claims for service connection have been granted. The Veteran is now entitled to increased ratings for his bilateral knee disabilities, left lower extremity radiculopathy, and mood disorder.

The Veteran's claims for increased ratings have been denied. The maximum schedular rating of 20 percent is assigned for amputation of the left index finger, and a 10 percent rating is currently in effect for scarring of the left hand. No other compensable ratings are available.

The Board has granted a 10 percent rating for the Veteran's right inguinal hernia with a surgical scar, effective from the date of the July 2014 VA examination.

The Veteran's service-connected lichen simplex chronicus with scar of the bridge of nose has not been manifested by visible or palpable tissue loss and either gross distortion or asymmetry of two features or paired sets of features, or; by four or more characteristics of disfigurement. As such, a rating in excess of 30 percent is not warranted.

The Veteran has withdrawn his appeals regarding service connection for bilateral pes planus and increased ratings for adjustment disorder with depressed mood, migraine headaches, post-operative right shoulder bursitis with scarring, lumbar spine strain, and bilateral hearing loss. The Board has no further jurisdiction to consider these matters.

The Veteran is granted a compensable rating for two painful scars on the left hand, effective December 21, 2009.,The Veteran's service-connected neurological impairment and limited range of motion are rated at 10 percent each, effective December 21, 2009.

The Board has determined that the Veteran's left ear hearing loss and bilateral tinnitus are related to service, warranting service connection. The right leg scar is rated as noncompensable due to its nature.

The Board found that the reductions in evaluations for residuals of a right knee injury and right knee scar from 10% to noncompensable were not proper, and thus void ab initio. The Veteran's appeal is granted on both issues.

The Board denied initial compensable ratings for various scars, finding that they did not meet the criteria under applicable VA rating criteria.

The Veteran's claim for an increased rating for acne keloidalis with bumps and head scar was granted, with a 30 percent rating effective September 21, 2011. The condition had previously been rated at 60 percent prior to that date.

The Veteran's appeal is being remanded due to the inextricably intertwined issues of the rating and effective date assigned for his service-connected DDD of the thoracolumbar spine. The TDIU issue will be handled pending resolution of these matters.

The evidence does not show that the Veteran's service-connected disabilities alone render him unable to secure or follow a substantially gainful occupation.

The Veteran's service-connected disabilities are of such nature and severity as to prevent him from securing or following substantially gainful employment since March 8, 2014. The Board finds that the evidence is approximately evenly balanced as to whether his service-connected conditions render him unable to secure and follow a substantially gainful occupation.

The Veteran's appeal is granted, with a TDIU being awarded. The remaining issues are addressed in the REMAND portion of this decision.

The Veteran's service-connected disabilities, including severe osteoarthritis in his knees and degenerative joint disease of the spine, have rendered him unable to dress, feed himself, or perform daily activities without significant assistance. The Board finds that he meets the criteria for SMC based on the need for regular aid and attendance from another person.

The Board has determined that the Veteran's claims for service connection for residuals of a left ankle injury and a left ankle scar require additional development, including a VA examination.

The Veteran's appeal is being remanded for a Travel Board hearing at the RO. The case will be returned to the Board after the hearing.

The Board has remanded the case due to the need for a medical examination and consideration of new evidence.