Scars decisions — 2017

The Veteran's service-connected disabilities, including PTSD and sensory neuropathy of the right ulnar nerve, have rendered him unable to secure or follow a substantially gainful occupation as of May 31, 2011.

The Veteran's service-connected lumbosacral spine disability is currently rated at 40 percent effective August 4, 2016. The Board grants this rating and also finds that the Veteran meets criteria for a TDIU due to his service-connected disabilities.

The Veteran's claim for an increased rating for right hip disability was granted, with a 90% evaluation effective May 20, 2015. The claim for TDIU remains pending.

The Board has determined that the Veteran's service-connected disabilities did not cause his death, and thus denied the claim for service connection for cause of death. The issue of Dependency and Indemnity Compensation under 38 U.S.C.A. § 1318 is also denied.

The Veteran's claims for higher ratings for his service-connected disabilities were denied. The left hip disability is rated at 10 percent, the thoracic spine disability at 10 percent, and the right anterior chest scar and burn residuals of the right ankle are both noncompensable.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a higher rating under any applicable diagnostic codes.

The Veteran's migraine headaches, right breast scar, and right forearm scar are each rated at the initial 10 percent level.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling an examination for the left knee. The TDIU claim is also being addressed.

The Veteran's muscle group XXI disability, resulting from a shell fragment wound to the right chest with retained foreign body and scars, is currently rated at 10 percent. The Board has determined that this rating should be increased to 20 percent based on the severity of his symptoms.

The Board denied the Veteran's claims of service connection for right fourth MCP joint injury, fractured right fifth MCP joint, left plantaris rupture, and rib contusion. The Board found that there was no current disability resulting from these in-service injuries.

The Board has granted service connection for postoperative heart disability, residual surgical scars, and obstructive sleep apnea as secondary to the Veteran's service-connected PTSD.

The Board has determined that the Veteran's lumbar spine disorder was directly incurred in service and grants service connection for post-operative lumbar residuals, to include degenerative disk disease, bilateral lower extremity radiculopathy, and scars.

The Board has remanded the case for further development, including a VA examination to assess the current severity of the Veteran's service-connected ear scars and any resultant functional limitations. The Veteran is also asked to provide any outstanding medical records.

The Veteran's tuberculosis, which was incurred in service and contributed to his death from metastatic lung cancer, has been found to have substantially or materially contributed to the cause of death. The issues of entitlement to an increased evaluation for major depressive disorder and entitlement to a TDIU on the basis of substitution are remanded.

The Veteran's service-connected disabilities, including lumbar spine, right knee limited motion, right knee instability, right knee scar, and right hip, precluded him from securing or following a substantially gainful occupation prior to February 19, 2011. The Board finds that the evidence is at least in equipoise with respect to whether he was unemployable due to these disabilities.

The Veteran is granted a 30 percent rating for pulmonary fibrosis status post left lung resection from October 30, 2009 to June 23, 2016.,The Veteran's residual scars are rated at 10 percent since June 23, 2016. The Board finds that the evidence does not support a higher rating for these scars.

The Veteran's claims for an earlier effective date and increased rating for facial scars were denied. The Board found that the Veteran did not meet the pleading requirements to file a motion for revision of decisions dated prior to July 5, 2000, based on CUE for failing to grant service connection for facial scars. Additionally, the criteria for an initial compensable and increased rating for healed scars were not met.

The Board has determined that the Veteran does not have any chronic residuals of an in-service head injury, including a forehead scar, chronic headaches, and loss of vision.

The Veteran's appeal is being remanded due to the need for a rescheduled hearing before the Board of Veterans' Appeals.

The Veteran's service-connected postoperative residual scars related to excision of chondroma of the bilateral 12th ribs are rated at 10 percent, and no higher rating is warranted.