Scars decisions — 2017

The Veteran's tinea versicolor is rated at 30 percent, effective October 1, 2009.,Prior to February 11, 2014, the Veteran's residual scar of the abdomen status post abdominal hernia and bowel obstruction was rated as noncompensable. From February 11, 2014 onwards, it is rated at 10 percent.,The linear residual surgical scar of the abdomen status post abdominal hernia and bowel obstruction remains noncompensable.

The Veteran's appeal was dismissed due to his death, and no jurisdiction remains for the Board to adjudicate the merits of the case.

The Veteran is service-connected for CAD and supraventricular arrhythmia, which precludes him from securing and following substantially gainful employment due to his service-connected disabilities.

The Veteran's service-connected disabilities are sufficiently severe to inhibit his ability to obtain gainful employment, and the Board has granted a TDIU.

The Veteran's two scars of the distal phalanx, left little finger have been found to manifest with pain throughout the appeal period. The Board has determined that a compensable rating of 10 percent is warranted for these scars.

The Veteran's service-connected disabilities, including PTSD and bilateral hearing loss, make it impossible for him to secure or maintain substantially gainful employment. The Board finds that his combined disability rating is significant enough to preclude him from maintaining such employment.

The Board denied earlier effective dates for the grant of TDIU and Chapter 35 benefits, finding that the increase in disability had occurred within one year from the date of receipt of the claim.

The Board has determined that the reduction of the rating from 30 percent to 20 percent, effective May 1, 2010, for service-connected residuals of a shell fragment wound of the left upper eyelid was proper. The reduction of the rating from 20 percent to noncompensable, effective March 1, 2011, was also proper due to clear and unmistakable error (CUE) in the July 2008 rating decision that assigned a 30 percent evaluation.

The Board has granted service connection for acne vulgaris, residual scarring, and gynecomastia. The Veteran's acne vulgaris is considered to have been incurred during his active duty service.

The Veteran's appeal is remanded for a determination on whether he is entitled to a TDIU due to his service-connected disabilities, as the current combined rating does not meet the threshold percentage standards under 38 C.F.R. § 4.16(a).

The Veteran's right knee total replacement has been rated as 30 percent disabling, and the Board has determined that a higher rating of 60 percent is warranted based on chronic residuals consisting of severe painful motion or weakness in the affected extremity.

The Veteran's increased ratings for scars associated with bilateral inguinal hernia and bilateral inguinal hernia repair have been denied by the Board of Veterans' Appeals.

The Board has remanded the case for further development, including obtaining medical records and scheduling VA examinations to assess the current severity of the Veteran's service-connected disabilities. The issues regarding effective dates remain pending.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for appropriate VA examinations to assess his service-connected bilateral knee disabilities, right knee scars, and status post fractured sternum.

The Veteran's service-connected disabilities, including lumbar myositis with painful motion, cervical and upper back myositis, irritable bowel syndrome, left and right C8-T1 radiculopathy, a left varicocelectomy scar, allergic rhinitis, and left and right L5-S1 radiculopathy, preclude the Veteran from securing or following gainful employment.

The Board has denied the Veteran's claims for service connection for groin rash and groin scar. The claim for an initial compensable evaluation for double vision remains pending.

The Board has granted service connection for the Veteran's left thumb deformity with a scar, but denied his claims for other conditions due to exposure at Camp Lejeune. The initial rating of 0% is maintained.

The Board has determined that the Veteran is entitled to service connection for right spontaneous pneumothorax with scars, as his assertions of exposure to significant sand and dirt during active duty in Arizona are credible and consistent with the circumstances of such service. The medical evidence supports a finding that there is at least an equipoise (equal) probability that the Veteran's right spontaneous pneumothorax with scars is related to his environmental exposures during active service.

The Veteran's claims for increased ratings and service connection were granted, but the effective dates are set at November 18, 2011.

The Veteran's service-connected PTSD is found to have caused his death. Effective dates for the awards of service connection for bilateral hearing loss, tinnitus, and a residual scar are denied.