Scars decisions — 2018

The Board dismissed the issue of entitlement to an initial rating in excess of 10 percent for left knee strain. The case was remanded for further action on service connection for a left eye injury.

The Board has dismissed the appeals for increased ratings in excess of 30 percent, 20 percent, 10 percent, 10 percent, and 10 percent for right knee disability, left knee weakness and instability, a left knee scar, reflex sympathetic dystrophy, and left knee arthritis respectively.

The Veteran's notice of disagreement was not timely filed within one year of the August 2012 rating decision, so his appeal is denied.

The Veteran's claim for a compensable rating for postoperative left inguinal hernia repair is denied. A separate 10 percent rating for the residual scar, postoperative left inguinal hernia repair, is granted.

The Board has remanded the claim of service connection for a left eye disability due to an in-service injury, as there are outstanding private treatment records and medical opinions that have not addressed the Veteran's reported symptoms.

The Veteran's claim for SMC (o) and need for regular aid and attendance was granted. The Veteran has been in receipt of the correct payment for his combined disability rating since August 2005.

The Board has remanded the case due to insufficient medical opinion regarding the relationship between the Veteran's service and his cause of death.

The appeal for a higher rating on the laparoscopic sigmoid resection, status post reversal of sigmoid colostomy and Hartman’s pouch with scar condition has been dismissed due to the appellant's death.

The Board denied the Veteran's claims for an extraschedular rating for left knee DJD and a TDIU, finding that his service-connected disabilities did not preclude him from securing or following substantially gainful employment.

The Veteran's claim for service connection for a lower and middle back condition was denied due to lack of medical evidence linking the current condition to his military service. The Board found no new and material evidence submitted since the April 2015 denial, thus denying the reopening of this claim. The claims for increased ratings for bilateral knee disabilities and foot disabilities are remanded as additional examinations are needed.

The Veteran's service-connected right inguinal hernia and resultant scar do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's service-connected scar is granted an initial rating of 10 percent, but no higher, for the period prior to October 13, 2017. For the period since October 13, 2017, a rating in excess of 10 percent is denied.

The Veteran's initial compensable evaluations for residuals of left testicular cancer status post removal and residual scar status post left testicle removal prior to July 25, 2017 are denied. The evaluation for the residual scar in excess of 10 percent thereafter is also denied.

The Veteran's claim for left foot fracture residuals is denied as there are no current residuals.,Service connection for a scar on the bridge of the nose is granted, but the Veteran does not have any current scarring.,For IBS prior to January 5, 2017, an initial compensable disability rating is denied. After that date, an initial 30 percent disability rating is also denied as there are no symptoms warranting a higher rating.,The Veteran's IBS has been rated at the maximum allowable under DC 7319.

The Veteran's appeals for service connection of various knee disabilities and major depressive disorder have been dismissed as he withdrew his appeals during the hearing.

The Veteran's right ear hearing loss is currently rated as noncompensable, with no evidence of worsening since the last examination in August 2009.,Prior to January 9, 2017, the Veteran's cervical spine scar and left hip scar were each rated as noncompensable. After January 9, 2017, both scars are rated as 10 percent disabling due to their painful nature.,The Veteran's left knee disability was initially granted a 10 percent rating from September 1, 2009 through February 2, 2010. After this period, the Veteran is not entitled to an increased rating beyond 10 percent.,No new evidence of service connection or exposure basis was provided in this decision.

The Veteran's service-connected disabilities do not render him unable to obtain or maintain substantially gainful employment, and his claim does not warrant referral for extraschedular consideration.

The Veteran's claim of service connection for a back disability has been reopened and granted. A combined maximum initial 30 percent rating is assigned for scars of the mid sternum, epigastric region, and right leg.

The Veteran's adenocarcinoma of the lung and associated surgical scars are currently rated at 30 percent since October 2005. The rating is increased to 60 percent effective January 2, 2018.

The Veteran's facial scar is being remanded for a new VA examination due to inconsistencies in previous medical examinations.