Scars decisions — 2017

The Veteran's appeal for increased ratings and service connection is denied. The Board finds that the evidence does not support a compensable rating for his residual scar, and the other issues are also denied.

The Veteran has withdrawn his appeals for increased ratings for a lumbar spine disability, deviated septum with allergic rhinitis, and left posterior scalp scars. As a result, the Board dismisses these claims.

The Veteran died of septic shock, but the service-connected back disability and other conditions did not cause or contribute to his death. The Board finds no evidence linking these conditions to his death.

The Veteran's service-connected disabilities, including amputation of the right forearm and multiple scars, have rendered him in need of regular aid and attendance due to his physical limitations. The Board has determined that he meets the criteria for SMC based on the need for regular aid and attendance.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is granted as the Board finds that his thoracotomy, internal bleeding and scar resulted from a reasonably foreseeable complication of VA treatment.

The Board has denied the Veteran's claims for higher initial ratings for his service-connected right hand and foot disabilities, finding that the evidence does not support a rating in excess of 10 percent under applicable VA regulations.

The Board found no evidence linking the Veteran's left arm scars to his military service, including any exposure to radiation or other chemical agents. As a result, the claim for service connection was denied.

The Veteran's PTSD is rated at 70 percent, and his TBI residuals are rated at 40 percent for headaches. The Board has granted a TDIU rating based on the combined service-connected disabilities.

The Board has granted a 10 percent rating for the Veteran's painful left flank scar prior to October 3, 2016. Since that date, no higher rating is warranted.

The Board has granted service connection for a right ankle sprain, with an effective date of December 28, 2009. The Veteran's claims for service connection for a right knee disability and a right leg scar were also granted.

The appeal has been withdrawn by the appellant before a decision was made.

The Veteran's current eye disorders, including blepharitis and nuclear sclerotic cataracts in both eyes, were not incurred during service. The Board finds that the weight of evidence does not support a finding that any current eye disorder is related to his military service.

The Veteran's service-connected conditions did not cause or contribute substantially to his death. The VA medical expert concluded that none of the Veteran's service-connected conditions were risk factors for his death.

The Veteran's appeal is being remanded to obtain a VA examination of the Veteran by a vocational specialist to address his ability to perform sedentary employment due to his service-connected foot disabilities. The claims for increased ratings for right foot calluses, left foot calluses, and right foot scars are also being referred to the Under Secretary for Benefits or the Director of the Compensation and Pension Service for consideration of whether extraschedular ratings are warranted.

The Veteran's left knee disability was rated as 10 percent prior to June 12, 2009. The Board found that the evidence did not show symptoms approximating more than malunion of the tibia and fibula with slight knee disability.

The Veteran's claim for an effective date prior to March 10, 2006, for a 100 percent combined evaluation was denied as he did not have a pending claim at the time of his death.

The Veteran's myasthenia gravis and associated scarring are currently evaluated at the minimum ratings, with no additional compensable conditions found. The Board has considered all symptoms including generalized weakness in all extremities and residual scar pain.

The Veteran's service-connected disabilities were as likely as not of such nature and severity as to prevent him from securing or following substantially gainful employment starting from December 5, 2014, forward. However, he was able to secure and follow a substantially gainful occupation prior to that date.

The Veteran's claims for service connection for deep venous thrombosis and gastrointestinal disorder were denied. The claim for an initial compensable evaluation for a burn scar of the back was also denied, as there is no current evidence of residual disability due to the 2000 burn injury. For left knee chondromalacia, the Veteran's symptoms prior to April 6, 2015 warranted a finding of mild impairment but not more than that, and after that date, his condition did not warrant an evaluation in excess of 10 percent.

The Veteran's service-connected disabilities prevent him from obtaining and maintaining substantially gainful employment consistent with his level of education and occupational experience, and the Board finds that he is unemployable due to these conditions.