Scars decisions — 2017

The Veteran's lumbar strain disability is currently rated at 20 percent, and the Board has granted a higher rating for radiculopathy of the left lower extremity as secondary to service-connected lumbar strain. The claim for an increased rating for lumbar strain remains pending.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the severity of his service-connected gunshot wound residuals and scar.

The Veteran's service-connected disabilities meet the schedular criteria for a TDIU, but he is not unemployable due to his service-connected conditions as they do not preclude him from securing and following substantially gainful employment.

The Board has determined that the effective date for the grant of service connection for a right shoulder disability and associated surgical scar, as well as SMC based on aid and attendance, is May 13, 2015.

The Board found that the Veteran's left wrist sprain status post left wrist surgery with surgical scar is manifested by pain and limitation of motion, but no evidence of ankylosis or muscle atrophy. The disability does not meet the criteria for a higher rating based on ankylosis.

The Veteran's initial compensable rating for scalp laceration scars and a separate rating for painful scalp laceration scars have been granted. The appeal is resolved in favor of the Veteran.

The Veteran withdrew his appeal for service connection for lower back pain with arthritis, to include as secondary to service-connected right total knee replacement; postoperative excision, osteochondroma, right femur; residuals gunshot wound right thigh, MG XIII-XIV; and scars residual gunshot wound right thigh.

The Veteran's claim for a compensable rating for corneal scar of the right eye was denied as his visual acuity did not meet the criteria for a compensable evaluation. The claim for service connection for bilateral hearing loss disability was also denied, as there is no evidence of a current hearing loss disability meeting VA criteria.

The Veteran's service-connected kidney disability and right ring finger fracture do not preclude him from securing and following a substantially gainful occupation.

The Veteran's death was due to urosepsis and renal failure. The appellant filed for VA burial benefits, but the Board found she did not have legal standing as an executor of his estate and thus could not claim reimbursement for the burial expenses.

The Veteran's service-connected right inguinal hernia repair scar and spastic colon disorder have been granted increased disability ratings, with the effective date for the right inguinal hernia repair scar being June 12, 2009. The effective date for the initial rating of 10 percent for the acquired psychiatric disorder is March 27, 1997.

The Veteran's combined rating for his service-connected disabilities is 30 percent, which does not meet the criteria for a TDIU as per VA regulations.

The Veteran's combined rating for his service-connected conditions is 90%, meeting the criteria for a total disability evaluation based on individual unemployability due to service-connected disabilities.

The Veteran's service-connected right eye retina scar is stable and does not result in any compensable disability.

The Veteran's service-connected disabilities, particularly his left wrist and foot conditions, have made him unable to secure or follow a substantially gainful occupation from August 2007 through September 2009. From October 2009 to March 2013 he was able to work but has been unable to do so since April 2013.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his right knee disability and consideration of whether he is entitled to TDIU.

The Board found that the Veteran's left thumb limitation of motion is not caused or aggravated by his service-connected left hand scar or metallic foreign body, and there was no gap of more than one inch between the pad of his left thumb and other fingers when attempting to oppose them. The Veteran does not have ankylosis of his left thumb.

The Veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of this case.

The Veteran is seeking a TDIU based on her service-connected disabilities, which include right foot and left foot hallux valgus, post-operative bunionectomy; right foot metatarsalgia, post-operative; right and left hip strain; right and left knee strain; post-operative healed left ankle fracture with ORIF; residual scars left foot/ankle, right foot; surgical scars of the right and left great toes and right foot. The Veteran asserts that her service-connected disabilities prevent her from working due to pain caused by these conditions.

The Board has reopened the claim for service connection for a left eye disorder and granted it, finding that there is sufficient evidence to establish that the current corneal scarring of the Veteran's left eye is related to an in-service injury.