Scars decisions — 2017

The Veteran's service-connected disabilities do not render him unable to follow a substantially gainful occupation.

The Veteran's claim for an effective date prior to February 1, 2008, for the reinstatement of VA benefits was denied as VA cannot resume compensation payments more than one year prior to the date of claim.

The Veteran's service-connected disabilities did not render him unable to obtain and retain substantially gainful employment prior to May 18, 2015. From May 18, 2015, as a 100 percent combined schedular rating has been assigned, the matter of entitlement to a TDIU rating is rendered moot.

The Veteran is entitled to a TDIU on both schedular and extra-schedular bases, effective from November 11, 2016. Prior to that date, the Board found insufficient evidence of unemployability due to service-connected disabilities.

The Veteran's TBI and hearing loss are found to be related to service, while PTSD is also granted. The Board finds that the Veteran sustained burn scars on his face and arms during service.

The Veteran's service-connected residuals of prostate cancer are rated at the maximum allowable rating, and his other disabilities do not render him unemployable. Therefore, he is denied an increased rating for his prostate cancer disability and TDIU.

The Board denied compensable evaluations for scars of the right forearm and wrist, finding that the Veteran's service-connected scars did not meet criteria for a higher rating due to lack of tenderness or instability. The same was true for his scars of the right shoulder and upper arm.

The Veteran is granted a 10 percent rating for his post-operative left varicocele scar, but denied an increased rating for his post-operative residuals of a left varicocele.

The Veteran's appeals for increased ratings have been withdrawn by his attorney.

The Board has remanded the case for further development due to the Veteran's incarceration, which has hampered VA's duty to assist. The Veteran seeks service connection for various conditions including head injury, depression, hearing loss, tinnitus, headaches, PTSD, substance abuse, genital herpes, hepatitis C, and joint and muscle pain.

The Veteran's claim for service connection for scars (claimed as jungle rot and scars) was denied. The Board also found that the Veteran's PTSD did not warrant a higher initial rating in excess of 30 percent prior to June 6, 2012, or an increased rating from that date. Additionally, the Veteran's TDIU claim since July 1, 2008 was denied.

The Veteran's service-connected disabilities do not render him unemployable, as his non-service connected conditions and substance abuse impact his ability to work. The Board finds that the preponderance of evidence is against a finding that he is unable to secure or follow substantially gainful employment due to his service-connected disabilities.

The Veteran was not found to be unemployable due to service-connected disabilities prior to November 13, 2006. His TDIU claim is therefore denied for an earlier effective date.

The Veteran's service-connected right wrist ganglion cyst with residual scar does not warrant a compensable rating as it is currently asymptomatic and does not cause significant functional impairment.

The Veteran's PTSD is found to be etiologically related to his active military service, and the claim for service connection is granted.

The Veteran's claims for increased ratings for his service-connected scars have been denied. The Board found that the evidence did not support a higher rating under any applicable diagnostic codes.

The Board finds that the Veteran has a scar of the chest and does not have a current foot condition. The VA examinations and treatment records do not support the presence of any other service-connected conditions.

The Veteran is unable to secure and maintain substantially gainful employment as a result of his service-connected disabilities, and the Board finds that TDIU on an extraschedular basis has been met.

The Veteran's status post right and left leg compartment syndrome with shin splints is rated at 30 percent disabling from December 7, 2009 to December 26, 2016, and in excess of 30 percent thereafter.,Two painful scars on the Veteran's legs are each rated at 10 percent disabling from December 7, 2009 to December 26, 2016, and in excess of 10 percent thereafter.

The Veteran's scar, left great toe, residuals of left foot bunionectomy, is rated at 10 percent since January 13, 2012. Prior to that date, the Veteran was not entitled to a compensable rating.