Scars decisions — 2018

The Veteran's service-connected disabilities, including depression, heart disease, and a back scar from a shell fragment wound, render him unable to secure or follow substantially gainful employment.

The Veteran's service-connected disabilities do not meet the criteria for a total disability rating based on individual unemployability (TDIU) due to his nonservice-connected tremor in his right hand.

The Board denied a compensable rating for the postoperative scar, dorsum, right hand and denied an initial rating in excess of 10 percent for arthritis, right hand with limitation of flexion of right middle finger. The Veteran's symptoms were consistent throughout the period on appeal.

The Veteran's service-connected disabilities have worsened, but the RO is proposing to reduce his rating for chronic prostatitis. The Board finds that more information is needed about the impact of these conditions on his ability to perform daily activities and whether they render him housebound or in need of aid and attendance.

The Board has granted service connection for left ear hearing loss and tinnitus, but denied service connection for right ear hearing loss and a right thumb scar.

The Veteran's appeal is remanded for additional development of his VA medical records and consideration of the issues related to service connection, increased ratings, and effective dates.

The Veteran's claim for a rating in excess of 30 percent for irritable bowel syndrome (IBS) is denied as the symptoms do not warrant a higher evaluation.,The Veteran's claim for an increased evaluation for painful scars, residual of breast reduction surgery, is denied as the scars are not unstable or painful enough to warrant a higher evaluation.

The Veteran's claims for increased rating and TDIU are remanded due to the need for a new VA examination, clarification of employment status, and further development of his shoulder and migraine claims.

The Veteran's left knee arthritis is granted as secondary to his service-connected injury to Muscle Group XIV. His PTSD and GSW residuals are not rated higher than the current levels, but he is granted a TDIU based on his service-connected disabilities.

The Veteran's claim for service connection for residuals of right shoulder GSW, right shoulder tendonitis, and obstructive sleep apnea is granted. The claim for increased ratings for left foot pes planus, painful scar, linear scar, and hallux valgus remains denied.

The Veteran's right thumb metacarpophalangeal joint sprain, left ankle sprain, and left orbital scar were all granted initial ratings. The right thumb was rated at 10 percent, the left ankle at 10 percent, and the left orbital scar also received a 10 percent rating.

The Veteran's tinnitus is currently rated at the maximum schedular rating of 10 percent, and no higher. The scars on his knees are not compensable as they do not cause functional impairment or other disabling effects.,The Veteran’s periodic limb movements have been found to be severe, but the Board has determined that this condition should be rated under a different diagnostic code (8599-8103) which is best suited for involuntary movements during sleep. The current rating of noncompensable is maintained as the symptoms do not meet criteria for a compensable rating.,The Veteran's bilateral hearing loss has not been established due to lack of audiometric test results meeting the requirements of 38 C.F.R. § 3.385.

The Veteran's laceration scar on his left elbow is not rated higher than noncompensable due to lack of functional impairment or other disabling effects.

The Veteran's tension headaches are granted as secondary to his grenade fragment wound. His erectile dysfunction is denied, and he receives a TDIU. The cervical spine disability and left neck muscle pain both receive initial increased ratings.

The Board has remanded the Veteran's claims for an initial, compensable disability rating for status-post left knee patellar fracture and associated surgical scar due to inadequate examination findings. The Veteran is required to provide additional medical evidence of his current severity.

The Veteran's linear scar of the right foot is not compensable, and her painful scar does not warrant a higher rating.,Her PTSD due to military sexual trauma, including major depressive disorder, recurrent, results in occupational and social impairment with deficiencies in most areas.

The Veteran's claim for an initial rating greater than 30 percent for residuals of facial injury, to include scarring, is denied as the scar does not meet the criteria for a higher rating under VA's rating schedule.

The Board denied the Veteran's claims for a compensable rating for his right thumb scar, a rating in excess of 10 percent prior to May 14, 2016 and in excess of 20 percent thereafter, and an earlier effective date for his service connection claim. The Veteran was found not to have met the criteria for these ratings or effective dates based on the evidence provided.

The Veteran's initial compensable rating for scars on his left thigh is being remanded due to worsening symptoms reported since the last examination.

The Veteran is granted two annual VA clothing allowances for the year 2015 due to the use of triamcinolone acetonide cream and Eucerin / hydrophilic cream, which caused irreparable damage to his pants and shirts.