Scars decisions — 2018

The Veteran's service-connected disabilities have rendered her unable to secure and follow substantially gainful employment since July 5, 2016.

The Veteran's PUD is rated at 20 percent, his right wrist degenerative joint disease at 10 percent, and his residuals of radial nerve damage at 30 percent. The scar status post fracture and repair of the right wrist is rated at 10 percent.

The Veteran's service-connected disabilities were of such severity prior to December 16, 2011 so as to preclude all forms of substantially gainful employment. The Board granted a total disability rating based on individual unemployability on an extraschedular basis.

The Veteran's service-connected disabilities meet the schedular criteria for a TDIU, but his subjective factors do not allow him to secure or follow substantially gainful employment.

The Veteran is granted a separate disability rating for surgical scars of the left knee that cause limited motion, as these scars are not covered by other specific DCs and their effects on motion warrant an additional rating.

The Board denied an initial disability rating in excess of 10 percent for service-connected dermatitis, finding that the Veteran's skin disorder covered less than 20 percent of his entire body or at least 5 percent but less than 20 percent of exposed areas, and did not require intermittent systemic therapy such as corticosteroids or other immunosuppressive drugs.

The Veteran's claim for increased rating for bilateral hearing loss prior to June 16, 2017, and his claim for service connection for eye disability (including glaucoma) were both denied. The Board found that the evidence did not support a higher rating for hearing loss or establish service connection for the claimed eye disability.

The Board denied the Veteran's claim for an increased rating for his service-connected left eye disability, finding that the evidence did not support a higher evaluation prior to November 18, 2008 and met the criteria for a 30 percent rating from that date until December 2, 2016.

The Board finds the evidence is evenly balanced as to whether the Veteran's service-connected disabilities preclude him from obtaining and retaining substantially gainful employment, thus granting a TDIU.

The Veteran's claims for increased ratings for scars of the right leg and thigh were denied as there was no evidence that they met the criteria for a higher rating under the applicable VA rating criteria.

The Veteran's appeal of the issue of entitlement to a total disability rating based upon individual unemployablity was withdrawn. The Veteran's claim for an increased evaluation for his scar, residuals left breast mass excision, remains pending and is denied.

The Veteran's appeal is remanded due to the need for a new VA examination to assess the current severity of his left ankle disability, which has worsened since his last examination almost five years ago.

The Veteran's claim for special monthly compensation based on the need for aid and attendance or by reason of being housebound is denied as he does not meet the criteria for either benefit.

The Board has determined that the Veteran's right eye chorioretinal scar is at least as likely as not incurred in service, resolving all doubt in his favor. The claim for bilateral hearing loss will be remanded to obtain additional medical opinions and examination.

The Veteran's superficial nerve injury and scar from a left foot laceration are currently rated as 10% for the nerve injury and no rating is assigned for the scar. The Board finds that these ratings are appropriate based on the current evidence of record.

The Veteran's claim for a TDIU prior to June 16, 2011 is being remanded due to the need for a retrospective opinion on cumulative functional impairment of his service-connected disabilities.

The Veteran's claims for increased ratings and special monthly compensation were denied. The Board found that the evidence did not meet the criteria for higher disability evaluations.

The Board has remanded the case due to the failure to issue a Statement of the Case (SOC) for the issue of entitlement to a compensable rating for surgical scars of the left knee. The Veteran must be provided an opportunity to perfect his appeal by filing a substantive appeal if he wishes to continue the appeal process.

The Board found no CUE in the May 2003 rating decision that did not award a separate evaluation for nodulocystic and inflammatory papular acne with residual scarring of the torso, but assigned a 30 percent rating. The decision was consistent with the evidence then of record.

The Veteran's depressive disorder and scarring of the chin and left mandibular were granted increased ratings, with the depression rating being set at 70 percent effective June 2, 2014. The service connection for lumbar spine disorder was reopened based on new evidence showing continuous back pain since service separation.