Scars decisions — 2017

The Veteran's appeal for an initial rating in excess of 10 percent for residual scar, status post ventral hernia repair has been withdrawn. The case is being dismissed.

The Veteran's skin disorder, pseudofolloculitis barbae with residuals to include scarring of the bilateral cheeks, is currently rated as 30 percent disabling from July 9, 2016. Prior to that date, it was not shown to meet or approximate criteria for a higher rating.

The Board has determined that the Veteran's headaches and facial scars (other than residual acne scars) were not incurred in or aggravated by service.

The Veteran's Cesarean section scars are rated as 10 percent disabling. Service connection is granted for bilateral carpal tunnel syndrome and hearing loss, with the latter being assigned a non-compensable rating.

The Veteran's claims for secondary service connection for bilateral foot disorder, left ankle disorder, low back disorder, and diabetes mellitus were denied. The Board found that the currently diagnosed conditions are not related to the service-connected right knee ACL repair residuals.

The Board has ordered additional development, including obtaining VA treatment records and a medical opinion regarding the cause of death. The appeal is remanded to determine if service-connected conditions contributed substantially or materially to the Veteran's death.

The Veteran's claim for a separate 10 percent rating for right retinal scar with impairment of visual acuity was granted effective January 16, 2008. The Board also found that the Veteran is entitled to an earlier effective date of January 16, 2008.

The Board has determined that additional development is needed to address the Veteran's claims for service connection and increased rating, including examinations of his lower extremity numbness, leg pain, scar, and back disability. The AOJ will readjudicate the claims based on the updated evidence.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of his left knee disability. The TDIU claim is also being remanded.

The Veteran's service-connected disabilities render him incapable of securing or following a substantially gainful occupation, and the Board finds that he is entitled to TDIU for the entire rating period on appeal.

The Veteran's TBI with cognitive dysfunction was found to have been aggravated by service, and the Board granted service connection for this condition.

The Veteran's optic atrophy with persistent primary vitreous and atrophic macular scar of the right eye is related to service, and the Board finds service connection for these conditions is granted.

The Veteran's service-connected coronary artery disease is granted with a rating of 60 percent, effective from February 28, 1994. The Veteran's diabetes mellitus, type II is rated at the maximum allowable under VA regulations (60 percent). The post-operative residuals of left ankle injury and left great toe bunion with hallux valgus are both rated at the highest possible under VA regulations (10 percent each), effective from February 28, 1994. The Veteran's scar associated with left great toe with hallux valgus is granted a compensable rating.

The Veteran's service-connected disabilities, including depressive disorder, degenerative joint/disc disease of the thoracolumbar spine, right and left upper extremity radiculopathy, anterior cervical discectomy and fusion, chondromalacia of the knees, migraine headaches, and other conditions, have rendered him unable to secure or maintain substantially gainful employment since September 12, 2008.

The Veteran's caesarian section scar, located on the lower abdomen, is currently rated at 10 percent and does not warrant a higher rating.,The Veteran's pelvic adhesions associated with her in-service caesarian section are currently rated at 30 percent and do not warrant a higher rating.

The Veteran's service-connected disabilities do not render him unemployable, and the Board finds that his employment as an administrator at an unemployment office is substantially gainful.

The Veteran's service-connected disabilities render him incapable of securing or following a substantially gainful occupation, and the Board finds that he is entitled to TDIU for the entire rating period on appeal.

The Veteran's left thumb and knee disabilities are each rated at the minimum compensable level. The Veteran's major depressive disorder is rated at 50 percent effective October 7, 2016.

The Veteran's claims for service connection for plantar fasciitis of the left heel and eczema of the face have been granted. The Board has jurisdiction over the rating claim for left knee strain with scar, status post ACL repair.

The Veteran's claims for increased ratings for right ear chronic otitis media, bone loss of skull, right ear scar (post-operative revision tympanomastoidectomy), and labyrinthitis have all been denied. The evidence does not support the assignment of a higher rating under any applicable diagnostic codes.