Scars decisions — 2017

The Veteran's disability rating for his service-connected scar has been denied as it does not meet the criteria for a higher initial rating.

The Veteran is found to have major depressive disorder that was caused by an in-service incident, and the Board finds service connection for this condition.

The Board has denied the Veteran's claims for service connection for right lateral epicondylitis (elbow disability), right shoulder rotator cuff disability, and a right ankle disability. The Veteran's current disabilities are found to be unrelated to his military service.

The Veteran's service-connected residual scar of the left chest, which is painful but not deep or unstable and does not limit function, warrants a 10% initial rating throughout the relevant period.

The Veteran's residuals of fractured mandible are currently rated as 30 percent disabling since September 21, 2015. Prior to that date, the disability was rated at 10 percent.,Since September 21, 2015, the Veteran's facial scars have been rated as noncompensable (10%).,The Veteran's disabling effects of tongue scar are not compensable under VA rating criteria.,The Veteran's left facial nerve impairment is currently rated at 10 percent.

The Veteran's left ankle disability was granted a 40% rating effective January 10, 2013. He also received service connection for associated post-surgical scars of the left ankle with initial noncompensable and later increased to 10% ratings.,Prior to this decision, his left ankle disability had been rated as 40% since March 18, 2009.

The Veteran's claims for service connection for chronic lumbar strain, scar, incision and drainage, right thumb, and felon of the right thumb were granted effective June 23, 2010. The Veteran did not submit a formal or informal claim prior to these grants.

The Veteran's PTSD warrants a 70 percent rating, effective December 15, 2011. He is also entitled to TDIU based on his service-connected disabilities.

The Board denied a rating in excess of 10 percent for chronic synovitis of the right knee, but granted a separate 10 percent evaluation for right knee instability and remanded a claim for entitlement to a total disability rating based on unemployability (TDIU). The Veteran appealed the denial of an increased rating.

The Veteran withdrew his appeal regarding the increased rating for residual scars associated with coronary artery disease, status post CABG, MI.

The Board has determined that the Veteran's forehead scars do not meet the criteria for a compensable rating under any applicable diagnostic code.

The Veteran's prostate cancer residuals are already at the maximum schedular rating of 40 percent, and no higher rating is warranted based on current symptomatology.,The right lower quadrant scars and right hip scar have a combined effective rating of 20 percent. The Veteran does not meet the criteria for a higher rating under any applicable diagnostic codes.

The Veteran's appeal is being remanded to obtain additional VA treatment records and to schedule him for examinations to address the nature and etiology of his claimed conditions, including right shoulder disability, hypertension, heart disability (mitral valve prolapse), PTSD, TBI, lumbar strain, and need for aid and attendance.

The Board has determined that the Veteran's service-connected vaginal scar tissue warrants a 10 percent rating, effective from the date of claim.

The Veteran withdrew his appeals on all issues related to service connection, including those involving erectile dysfunction and hair loss.

The Veteran's left ring finger was amputated at the proximal interphalangeal joint, and he is currently receiving a 10 percent evaluation for this condition. The appeal does not involve service connection through a presumption or reopening of a previously denied claim.

The Veteran's service-connected disabilities, including major depression, left and right lower extremity compartment syndrome with peripheral neuropathy, lumbar degenerative joint disease with intervertebral disc syndrome (IVDS) involving both sciatic nerves, right and left heel retrocalcaneal bursitis, a right eyebrow scar, bilateral leg scars, and erectile dysfunction, are found to be of sufficient severity to require the need for assistance with his activities of daily living. The Board grants SMC based on the regular need for the aid and attendance of another person.

The Board has remanded the case for further development, including obtaining an addendum opinion from a VA examiner to determine if the Veteran's service-connected disabilities preclude him from securing or following substantially gainful employment.

The Veteran's appeal is being remanded for additional development, including new examinations and completion of a VA Form 21-8940. The TDIU claim will be adjudicated after the necessary information has been obtained.