Scars decisions — 2017

The Veteran's scars of the right upper arm, right scapula, and chest do not result in any limitation of function; they are not objectively deep, painful, or unstable. Therefore, a compensable rating for these scars is denied.,The Veteran's scar of the right eyebrow does not meet the criteria for even a 30 percent rating under Diagnostic Code 7800 due to lack of visible or palpable tissue loss and either gross distortion or asymmetry of two features or paired sets of features, nor four or five characteristics of disfigurement. Therefore, a rating in excess of 30 percent is denied.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation.

The Veteran's appeal is denied as his service-connected low back disorder does not meet the criteria for a rating in excess of 40 percent, and he did not meet the criteria for an initial rating in excess of 20 percent for radiculopathy of either lower extremity. His request for assistance in acquiring specially adapted housing or a special home adaptation grant was also denied.

The Veteran's right knee disability, post-TKR, is rated at 60 percent. The parotidectomy scar is rated at 20 percent (10 percent for one characteristic of disfigurement and 10 percent for pain). The left foot disability remains at a 10 percent rating.

The Board denied the Veteran's claim for a higher rating for his service-connected residuals of nephrectomy with partial adrenalectomy, finding that he does not have renal dysfunction associated with this disability.

The Veteran's appeal for higher initial ratings and increased rating issues, as well as his claim for a TDIU due to service-connected disabilities, were granted. His combined disability rating is now at 80 percent.

The Veteran's service-connected disabilities have not rendered her unable to secure and follow substantially gainful occupation consistent with her educational and occupational background.

From July 10, 2002 to March 8, 2012, the Veteran's service-connected disabilities combined rendered him unable to obtain or maintain gainful employment.,As of March 9, 2012, the issue of entitlement to a TDIU is moot due to the Veteran receiving a 100% rating for PTSD.

The Veteran's claim for service connection for a scar between the right eyebrow and nose is being remanded due to incomplete information or evidence. The case will be reviewed again after additional development, including scheduling a VA examination.

The Veteran's claims for service connection for bilateral hearing loss, left knee disability, right knee disability, and scars of the knees have been denied. The Board found no evidence of a current bilateral hearing loss disability for VA purposes and concluded that the Veteran did not meet the criteria for service connection based on direct evidence.

The Veteran's right long finger scar is unstable and has been rated at 10 percent for the entire initial rating period on appeal. The remaining scars have resolved.

The Veteran's claim for higher ratings for his right middle finger scar and limitation of motion, as well as the TDIU claim, were denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU rating, and referral for extraschedular consideration is denied.

The Veteran's appeal was denied for entitlement to earlier effective dates for TDIU, DEA, and PTSD. The RO granted these benefits on April 4, 2011.

The Veteran's service-connected schizoaffective disorder, depressive type with panic disorder with agoraphobia with psychotic features necessitates the need for regular aid and attendance due to his extreme mental health disability.

The Veteran's service-connected left knee scars, residuals of shell fragment wound (SFW), measure no more than 0.15 square centimeters and do not cause limitation of motion or function. The rating schedule is adequate to rate the disability.

The Board found that the Veteran's service-connected disabilities did not cause his death. The VA examiner opined that the Veteran's blindness, gunshot wound scar on the left leg, and scars of the face and forehead did not contribute to his death.

The Board finds that the evidence does not support a finding of a current gynecological disability, specifically uterine fibroids and residuals of a miscarriage, causally related to service.

The Veteran's claims for higher initial ratings for his service-connected conditions have been denied. The current ratings of 10 percent are maintained.

The Board has remanded the appeal due to ambiguity regarding whether the Veteran's center neck scar resulted from May 10, 1999 or May 24, 1999 surgery. The case will be further developed and a new opinion is required.