Scars decisions — 2017

The Board has remanded the case for additional development due to incomplete service records, missing VA treatment records, and outstanding worker's compensation determinations. The Veteran's claims of service connection for various disabilities are being reviewed.

The Board has remanded the Veteran's claim of entitlement to a total disability rating on the basis of individual unemployability due to service-connected disabilities for further development, including obtaining medical opinions and reviewing all relevant evidence.

The Board determined that the Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment, thus denying his claim for a total disability rating based on individual unemployability (TDIU).

The Veteran's claim for a compensable rating of the right heel fragment wound scar was denied as his scar is not deep and nonlinear measuring at least 6 square inches. The issue of whether new and material evidence has been received to reopen the previously-denied stomach condition claim was also denied. No service connection was granted for any other conditions.

The Veteran's claims for increased ratings for anxiety disorder, right ankle sprain, and scars of the right foot were granted. The claim for service connection for PTSD was denied. Service connection for bilateral flatfoot was also denied.

The Veteran's service-connected conditions have not rendered him unable to secure or maintain substantially gainful employment.

The Veteran's service-connected disabilities do not preclude his substantially gainful employment through May 23, 2016.

The Veteran's tender and painful burn scar of the right lower extremity, which is deep and nonlinear with an area of at least 39 square centimeters, warrants a separate 10 percent disability rating under Diagnostic Code 7801. However, no higher rating is warranted as his condition does not meet the criteria for other diagnostic codes.

The Veteran's initial compensable evaluation for his scar, left wrist was granted. His service-connected tendinitis and mild degenerative arthritis of the right and left wrists were each assigned a 10 percent evaluation. The Veteran's bilateral elbow disorder and left knee disorder are not currently service connected. A TDIU was granted.

The Board has dismissed the appeal due to the Veteran's death during the pendency of the appeal.

The Veteran's service-connected peritoneal adhesions and painful scars have been evaluated as noncompensable under the applicable diagnostic codes. The Board finds that a higher evaluation is not warranted based on the evidence of record.

The Veteran's residual scar does not meet the criteria for a rating in excess of 10 percent, as it does not cover an area greater than 77 square inches or limit function.

The Veteran's TDIU claim for prior to June 11, 2009 was granted based on his service-connected PTSD and other disabilities.

The Veteran's Muscle Group II injury, a residual of the service-connected SFW disability, has been assigned the maximum 40 percent schedular rating available under Diagnostic Code 5302 for any part of the rating period from May 20, 2003. For the entire rating period on appeal from May 20, 2003, the superficial scar of the right chest area has been manifested by one painful and stable scar, measuring less than 39 square centimeters (6 square inches).

The Veteran's service-connected right hand and fourth finger disabilities are not the cause of his current right wrist disability, but it is possible that compensating for the weakness in his hand by using his wrist over the years may have aggravated his right wrist.

The Board found that the Veteran's chest scar did not meet the criteria for a compensable rating as it was not painful, unstable, not well-healed, limited function of the chest or other area of the body, and did not cover 6 square inches or more.

The Board has remanded the case for additional development, including obtaining VA and private treatment records, scheduling a VA examination to assess the current severity of the Veteran's residuals of laryngeal carcinoma, and considering whether separate compensable ratings may be awarded for associated residuals.

The Veteran is awarded SMC-O based on the need for two separate SMC-L awards due to loss of use of both feet and need for regular aid and attendance.

The Veteran's TDIU claim was denied as his failure to complete the VA Form 21-8940 made it impossible for the Board to determine if he is unemployable due to service-connected disabilities.

The Veteran's claims for increased rating and service connection are being remanded due to the need for additional examinations and opinions regarding his scars of the right forearm and hand, as well as his cervical spine condition.