Scars decisions — 2017

The Veteran's left wrist status post carpal tunnel release with median nerve neuropathy is currently rated at 20 percent, and the painful surgical scar of the left wrist is rated at 10 percent. The Veteran's claim for an increased rating for his service-connected left wrist disability has been denied as there is no evidence showing that a higher evaluation is warranted based on the current level of disability. There was no clear and unmistakable error in the September 1992 rating decision, and the effective date for the separate 10 percent rating for left wrist tenosynovitis prior to September 13, 2012 has not been established.

The Veteran's service-connected conditions have been rated appropriately, with a 30 percent rating for anatomical loss or injury of the mouth, lips, or tongue effective September 13, 2017.

The Veteran's degenerative disc disease, lumbar spine with scar was rated at 20 percent effective April 13, 2017. The claim for a higher rating remains denied.

The Veteran's claim for an increased disability rating of 40 percent for back disability, including radiculopathy, was granted with a current effective date of March 11, 2010. Effective dates were also established for service connection for right lower extremity radiculopathy and tinnitus on the same day.

The Veteran's service-connected conditions have rendered him in need of regular aid and attendance, which has been granted special monthly compensation based on this need.

The Veteran's service connection claim for a left thumb disability, including remote chip fracture with residual degenerative joint disease and scarring, is granted. The appeal for the left big toe disability remains pending.

The Board has remanded the case for additional development, including obtaining an addendum opinion assessing the impact of the Veteran's service-connected disabilities on his employability. The TDIU claim will be reconsidered based on this new information.

The Board has denied the Veteran's claims for increased ratings for his left medial ankle surgical scar and neuropathy of the calcaneal branch of the posterior tibial nerve, finding that the evidence does not support a higher rating under the applicable VA rating criteria.

The Veteran's service-connected disabilities, acting on their own, do not render him housebound or in need of regular aid and attendance. Therefore, he is not entitled to SMC based on the need for regular aid and attendance of another person or by reason of being housebound.

The Veteran's hidradenitis suppurativa and surgical scars, both axillae, have been rated as 10 percent disabling. The Board denied the claims for a higher rating based on the criteria set forth in Diagnostic Code 7806 (for dermatitis or eczema) and Diagnostic Codes 7801-7805 (for superficial scars). The Veteran's TDIU claim was also denied as he did not meet the schedular criteria.

The Veteran's current skin disorders, including dermatitis contact, squamous cell carcinoma, basal cell carcinoma, melanoma, and scars, are found to be causally related to his military service. The Board has granted service connection for these conditions.

The Board has granted a 30 percent rating for facial scars under Diagnostic Code 7800, finding two characteristics of disfigurement and four painful scars. The Veteran's service-connected facial scars are now rated as compensable.

The Veteran's appeal for TDIU was remanded due to a legal error in the previous decision. The case is now being referred back to the Director, Compensation Service, for adjudication of TDIU eligibility under 38 C.F.R. § 4.16(b).

The Veteran does not qualify for SMC in excess of the (n) rate due to lack of service-connected disabilities involving either upper extremity, lower extremities, visual impairment, hearing impairment, or loss of sphincter control. He is permanently bedridden and helpless as per his service-connected conditions.

The Veteran's service-connected disabilities render him in need of aid and attendance, warranting SMC at the aid and attendance rate.

The Veteran's claim for SMC based on loss of use of the right hand due to service-connected conditions was denied as his disability does not meet the definition of 'loss of use' as defined by VA.

The Veteran's service-connected disabilities do not meet the eligibility requirements for automobile and adaptive equipment or adaptive equipment only as they do not involve loss of use of hands or feet, permanent impairment of vision of both eyes, severe burn injury, amyotrophic lateral sclerosis, or ankylosis of knees or hips.

The Veteran's peritoneal adhesions with scar right rectus have been rated at 10 percent since November 2011. The Board found that the symptoms did not meet or approximate the criteria for a higher rating, as they were consistent with moderate impairment.

The Veteran's initial rating for his residual scar post shrapnel wound, right lower extremity was granted at a 10% level effective September 1, 2001. The effective date for service connection of his degenerative disc disease of thoracic spine with chronic lumbar strain was also set at September 1, 2001.

The Veteran's claim for an increased disability rating for her right wrist condition is being remanded due to the need for a new VA examination and additional development of medical records.