Scars decisions — 2018

The Veteran's keloid scars, which are painful and have a history of developing inside larger ones, are now rated at 30 percent.

The Veteran's abdominal scars associated with liver transplant surgery are granted a 20 percent rating. The Board finds the preponderance of evidence supports this decision, but also notes that further examination is needed to determine if additional disabilities warrant higher ratings or TDIU.

The Veteran's service-connected implantable cardiac pacemaker has worsened, and she needs a new examination to determine the current severity of her condition.

The Board has remanded the case due to the need for a VA examination and consideration of additional VA treatment records.

The Veteran's service-connected disabilities, including right knee total arthroplasty and lumbar spine degenerative disc disease with spondylosis, rendered him unable to secure and follow a substantially gainful occupation from May 24, 2013, to January 31, 2016. His TDIU claim is granted for this period.

The Veteran's claims for PTSD, increased ratings for shoulder and ankle disabilities, asthma, and scars are remanded due to insufficient evidence regarding service connection. The TDIU claim is also remanded.

The Veteran was granted extraschedular TDIU from August 23, 2013 to October 1, 2014 due to his service-connected disabilities preventing him from obtaining and maintaining gainful employment.

The Board denied service connection for left parotid gland tumor, its residuals (including residual facial numbness and pain to the left ear), and a condition causing scarring on the left ear. The evidence did not support a finding that these conditions were related to military service.

The Veteran's claim for an initial rating greater than 30 percent for residuals of lung cancer, including chronic obstructive pulmonary disease (COPD) is granted. The Veteran's claim for a compensable rating for residual scar from cyst removal on the left side of neck is denied. The effective date for service connection for residuals of lung cancer and chronic obstructive pulmonary disease (COPD) is set at April 12, 2011. The effective date for service connection for residual scar from cyst removal on the left side of neck is also set at April 12, 2011.

The Veteran's initial ratings for right facial lipoma/cyst excision with residual scarring, depression of the skull, and TBI are granted. However, these cases are remanded due to the need for additional development.

The Veteran's increased ratings for residuals of compound, comminuted fracture of the distal right tibia and fibula with residual scars, and status post right ankle fusion are denied. The maximum rating under Diagnostic Code 5271 is granted from June 20, 2011 to October 1, 2017 for the compound, comminuted fracture of the distal right tibia and fibula with residual scars. After October 1, 2017, a rating in excess of 30 percent is denied for status post right ankle fusion.

The Board denied entitlement to higher evaluations for postoperative residuals of left ankle fracture, peripheral neuropathy of the left lateral foot and ankle, and postoperative scars of the left ankle on an extraschedular basis as the symptoms are adequately contemplated by the applicable diagnostic criteria.

The Board has reopened the Veteran's claim for service connection of a sinus condition, but denied service connection for scarlet fever and arthritis. The left calf scar remains remanded for further evaluation.

The Board has remanded the issues of propriety of reduction from 20% to 10% disability rating for right knee, increased rating for left inguinal herniorrhaphy, combined disability rating in excess of 50%, and TDIU due to incomplete development and need for additional evidence.

The Veteran's service-connected dog bite scars of the right elbow and left wrist are being remanded for further examination to determine their current status and whether they were caused or aggravated by his military service.

The Veteran's application to reopen his claim for service connection for unspecified nervous disability (claimed as schizophrenia) is denied. His claims for increased ratings for status post right inguinal herniorrhaphy, tender scar of right inguinal area, and left lower knee scar are also denied.

The Veteran's claims for PTSD, prostate cancer, throat cancer, asthma, right knee disability, left knee disability, and left knee scar have been remanded due to the need for additional development.,Service connection for prostate cancer is granted based on presumed exposure to herbicide agents.

The Veteran's claim of service connection for a cervical spine disability has been reopened and denied. Claims for service connection for numbness in the left hand and right hand have also been reopened but denied.

The Veteran's acne with scarring is granted service connection as it was aggravated by service. However, his hemorrhoids are denied service connection due to lack of evidence showing a chronic condition related to service.

The Board has decided to remand the Veteran's claims for service connection due to insufficient evidence. Further development is needed, including obtaining additional medical records and verifying a claimed in-service stressor.