Scars decisions — 2017

The Veteran's claim for an initial compensable rating for residuals of a facial injury, to include scarring, is being remanded due to the need for a more contemporaneous examination and for obtaining any identified private treatment records.

The Board denied earlier effective dates for the awards of service connection for PTSD and a right shoulder disability, finding that February 7, 2012 is the earliest date entitlement arose.,The Board also found that February 7, 2012 is the earliest date for which service connection could be granted due to the appellant's original claims being denied in November 1994 and not appealed within one year.

The Veteran's appeal has been withdrawn by his authorized representative, resulting in the dismissal of the case.

The Veteran's appeal was denied across multiple issues, including PTSD, cervical spine disability, right and left knee disabilities, thoracolumbar spine disability, tinnitus (hearing loss), right hand 5th metacarpal fracture, right foot heel spur, scars of the hands and knees, dermatitis of the feet, and tension headaches. The appeal was not about service connection for any conditions.

The Veteran's appeal is being remanded for further development, including an examination to determine the current severity of his bilateral knee and lumbar spine disabilities.

The Board has determined that the Veteran does not have a current disability of right spermatocele and therefore denied service connection for this condition. The residual scar from in-service hernia surgery is granted.

The Veteran's claims for service connection for bilateral hearing loss disability and a heart disorder, to include ischemic heart disease and residuals of myocardial infarction were denied. The claim for an increased rating for left shoulder shrapnel scars was granted with a 10 percent rating effective from November 10, 2014.

The Veteran's right wrist scarring is not compensable, but he meets the criteria for TDIU based on his service-connected disabilities.

The Veteran's claims for service connection and increased ratings were denied. The Veteran was granted a non-compensable rating for actinic keratosis prior to November 21, 2015, and a 10 percent rating effective from that date.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining gainful employment.

The Veteran withdrew his appeal for the issue of entitlement to service connection for a foot disability other than bilateral forefoot arthritis, bilateral hallux valgus, a left second toe scar, and pes cavus with hammer toes, metatarsalgia, plantar fasciitis, and heel spurs.

The Veteran's combined disability rating is 40%, which does not meet the criteria for a TDIU based on service-connected disabilities.

The Board has determined that the Veteran does not have a current diagnosis of tailbone or cyst scar residuals, and his low back and neck disabilities are service-connected. However, the claim for headaches remains pending as there is insufficient evidence to establish a nexus between the disability and service.

The Board has remanded the case for additional development, including obtaining VA examinations and updating treatment records.

The Veteran's claims for increased evaluations of tinnitus, bilateral hearing loss, and a scar have been denied as there is no evidence to support ratings in excess of the current noncompensable evaluations.

The Veteran's service-connected disabilities do not preclude him from securing and following a substantially gainful occupation.

The Veteran's service-connected surgical scars associated with pulmonary tuberculosis are painful and warrant a 10 percent evaluation throughout the appeal period.

The Veteran's appeal is being remanded for further development due to inadequate VA examinations and inextricably intertwined issues of TDIU.

The Veteran's adhesions of the peritoneum associated with in-service hepatorrhaphy are rated at 50 percent, and his abdominal scars (surgical scar and painful scars) are each rated at 10 percent. The maximum schedular ratings under these diagnostic codes have been assigned.