Scars decisions — 2017

The Veteran's scar, residual of shrapnel wound to left neck, is not manifested by visible or palpable tissue loss and either gross distortion or asymmetry of one feature or paired set of features. Therefore, the criteria for entitlement to a disability evaluation in excess of 10 percent have not been met.

The Veteran's service-connected disabilities have rendered him unable to maintain substantially gainful employment, and the Board has determined that a TDIU is warranted.

The Veteran's claim for service connection for a surgical scar of the right lower extremity is granted, with an effective date of March 5, 2004.

The Veteran's service-connected ischemic heart disease, including coronary artery bypass graft with residual scar, is effective as of May 26, 1998.

The Veteran's nerve and muscle disorder of the right upper extremity is found to be secondary to his service-connected cervical spine disability.,The Veteran's scar associated with his right upper chest/shoulder stab wound has been assigned a noncompensable rating, but an initial 10 percent rating is granted.

The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation in the applicable period.

The Veteran's claim for service connection for obstructive sleep apnea, secondary to PTSD, is granted. The initial rating for the keloid scar of the right foot remains at 10 percent. A higher disability rating for PTSD and an effective date earlier than August 10, 2010 are denied. An effective date earlier than August 10, 2010 for a 40 percent rating for right ankle fracture residuals based on CUE is granted. SMC at the housebound rate is granted with an effective date of August 30, 2006. The grant of service connection for a keloid scar of the right foot is granted with an effective date of November 22, 2013.

The Veteran's claims for increased ratings were denied as he failed to report for scheduled VA examinations.

The Veteran's appeal of the denial of an initial disability rating in excess of 20 percent for residuals, status post posterior tibialis tendon repair, with residual scars, left ankle is dismissed. The issue of an increased initial rating for bilateral pes planus with plantar fasciitis remains pending.

The Veteran's nerve and muscle disorder of the right upper extremity is found to be secondary to his service-connected cervical spine disability.,The Veteran's scar associated with the right upper chest/shoulder stab wound has been assigned a noncompensable rating, but an initial compensable rating of 10% is granted.

The Veteran's service-connected disabilities, including PTSD, did not render him unemployable prior to June 27, 2014. As of that date, the issue of TDIU is moot due to the assignment of a 100% rating for PTSD.

The Veteran's service-connected disabilities do not alone or in combination render the Veteran unemployable, and his TDIU claim is denied.

The Veteran's facial scar, middle front torso scar, low back torso scar, and right upper extremity scar have been rated at 10 percent disabling since November 19, 2009.

The Veteran's service-connected coronary artery disease is rated at 60 percent, and the Board has granted a TDIU based on his other service-connected conditions.

The Veteran's claim for an initial compensable disability rating for his service-connected left forearm scar, squamous cell carcinoma residuals is being remanded due to the need for additional development regarding whether his neck, ear, and lower back scars are related to his service-connected squamous cell carcinoma.

The Veteran withdrew his appeal for a higher disability rating for the service-connected scars that are the residuals of a head injury (skull fracture) and Baha implant.

Your service connection claims for scars and eczema have been granted, but the increased evaluation claim has not been certified for appeal. The case is dismissed as you do not appear to be seeking further review.

The case is being remanded due to noncompliance with previous Board directives, and consideration of the TDIU claim will be deferred until the increased rating issue is resolved.

The Veteran's TDIU claim is being remanded for further development, including obtaining updated VA treatment records and an addendum opinion from the July 2015 VA examiner regarding the extent of functional impairment due to his service-connected right and left upper and lower extremity neuritis.

The Veteran's service-connected disabilities meet the schedular criteria for a TDIU, and he is unable to secure or follow substantially gainful employment due to his mental health conditions and physical disabilities.