Scars decisions — 2017

The Board has determined that the Veteran's current right-eye disabilities are not related to his active service, including a claimed shell fragment injury. The evidence does not support findings indicating an in-service eye injury or disease.

The Veteran's residuals of small intestine resection with scarred duodenal bulb have been rated at 20 percent disabling, and the claim for an increased evaluation is denied. The Veteran has a separate 10 percent rating for painful scars associated with his condition.

The Veteran's service-connected disabilities do not preclude him from securing and following a substantially gainful occupation, thus denying his claim for TDIU.

The Veteran's initial noncompensable rating for residuals of a left eye injury, including corneal scars, has been granted. A separate compensable rating is also granted for the corneal scar.

The Veteran's claims for service connection are denied as the evidence does not support a finding that any of these conditions were incurred or aggravated by his military service.

The Board has decided to remand the case for further development and examination, as there is insufficient evidence regarding the nature and etiology of the Veteran's skin condition.

The Veteran's appeal is being remanded for further development, including obtaining updated medical records and scheduling the Veteran for a VA examination to assess his service-connected right shoulder disability and any loss of motion and numbness to his right hand and fingers.

The Veteran's claim for an initial compensable disability rating for indurated abscess/cyst of the neck, now characterized as residual scar, indurated abscess/cyst of the neck and rated 10 percent disabling, has been granted. The Board finds that a 20 percent rating is warranted due to the Veteran's unstable and painful scar.

The Veteran's left eye scar, which measures approximately 5.0 cm X 0.1 cm and causes some asymmetry in the eyes, has been rated at 30 percent since June 1, 2008.

The Veteran's issues of extraschedular evaluations for pneumothorax and hypertension are dismissed as they have not been raised by the claimant or reasonably raised by the record.

The Veteran's combined disability rating is 80 percent from May 20, 2015. The Board finds that the evidence is at least in equipoise as to whether the Veteran is limited to no more than marginal employment due to his service-connected lumbar spine disability and therefore grants a TDIU effective May 20, 2015.

The Veteran's combined rating for service-connected disabilities is 60 percent from February 24, 2014. The Board finds that referral for extraschedular consideration for the period since June 2009 is not warranted as the Veteran is capable of performing the physical and mental acts required by sedentary jobs.

The Veteran's service-connected recurring sinusitis was granted an initial compensable rating of 30 percent since May 15, 2015. The Veteran's service-connected lumbar spine disability has been rated as 10 percent disabling throughout the appeal period.

The Board has granted service connection for a left eye corneal scar, finding that it is related to an in-service injury. The claim of service connection for right knee disorder as secondary to degenerative joint disease of the left knee and for an increased evaluation for degenerative joint disease of the left knee remains pending.

The Veteran's service-connected PTSD, diabetes mellitus Type II, erectile dysfunction, coronary artery disease, gluteal cleft scar, and facial scar prevent him from securing or following a substantially gainful occupation. The Board grants the TDIU claim.

The Veteran's appeal is being remanded to the AOJ for additional development, including obtaining VA treatment records and scheduling a VA medical examination. The purpose of this development is to provide an adequate statement of reasons or bases regarding the Veteran's claim of entitlement to TDIU.

The Veteran's migraine headaches have been rated at the highest available rating of 50% since they are characterized by very frequent, completely prostrating and prolonged attacks productive of severe economic inadaptability. The Veteran's service-connected disabilities prevent him from obtaining substantially gainful employment since November 17, 2015, but did not prevent him from obtaining substantially gainful employment prior to that date.

The Board denied the Veteran's claim for TDIU as his service-connected disabilities do not prevent him from securing and following a substantially gainful occupation.

The Veteran's appendectomy and bowel resection scars have not been deep, caused limited motion, or involved an area of at least 12 square inches. The residuals of celiotomy have not resulted in partial obstruction, severe impairment of health, marked interference with absorption and nutrition, definite weight loss, or inability to gain weight.

The Veteran's service-connected disabilities, including his pulmonary condition and multiple musculoskeletal issues, have rendered him unable to secure or maintain substantially gainful employment since September 17, 2013.