Scars decisions — 2018

The Board found that the Veteran's prostate disability and gallbladder disease were not incurred or aggravated during his active service, as they pre-existed his service. The claims for these conditions are therefore denied.

The Veteran's appeals for higher ratings for TBI, tinnitus, and post-traumatic headaches were denied. However, he was granted a total disability rating based on individual unemployability due to his service-connected disabilities.

The Veteran's service-connected status post fracture distal left radius, status post open reduction and internal fixation, with scar, is not shown to have been productive of elbow extension limited to 45 degrees, elbow flexion limited to 100 degrees, or supination limited to 30 degrees. Therefore, the criteria for an initial compensable evaluation under the applicable rating criteria have not been met.

The Veteran's initial claims for non-Hodgkin's lymphoma, neck scar, and trunk scar have been granted with a 0 percent disability rating effective February 2, 2001. The appeals were decided in favor of the Veteran.

The Veteran's appeal is being remanded for further development to ensure a complete record upon which to decide his claims. This includes obtaining VA treatment records, scheduling examinations, and considering the evidence in the electronic claims file.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran with appropriate VA examinations to determine the severity of his service-connected scar disability, as well as the nature and etiology of any claimed back disability and TBI.

The Veteran's service-connected disabilities, including PTSD and other conditions, make it impossible for him to obtain or maintain gainful employment consistent with his educational background and work history. The Board has granted a TDIU effective from November 29, 2012.

The Veteran's disability, residual scars and left ankle fracture, is currently rated at 30 percent. The Board finds that the evidence does not support a higher rating.

The Veteran's service-connected disabilities, including her right hand and thumb impairment and PTSD, render her unable to secure and follow a substantially gainful occupation.

The Veteran withdrew their appeal for increased evaluations of residuals of left lateral malleolus fracture and scar disabilities.

The Veteran's left ankle disability was granted an increased rating of 20 percent, but the surgical scar associated with his postoperative Achilles tendon rupture remains at a noncompensable rating.

The Veteran's right hand disability was manifested by pain, with no gap between the fingertip and the proximal transverse crease of the palm, normal range of motion, and no ankylosis. The Veteran's right hand scar is not shown to be of the face, head or neck, or to measure greater than 39 square cm; however, the scar is painful, but not unstable.,The criteria establishing a separate 10 percent evaluation for a right hand scar have been met.

The Veteran's service-connected knee disabilities do not render him unable to secure and follow a substantially gainful occupation.

The Veteran's appeal is being remanded due to the need for additional examinations and consideration of newly submitted evidence. The claims will be reconsidered after all necessary development has been completed.

The Veteran's appeal is being remanded due to the need for a VA examination to assess his service-connected residuals of post-surgery for varicocele of the left testicle, including any associated voiding dysfunction or renal dysfunction and specifically state if they are etiologically related to the hydrocele. The examiner should also address any pain and limitation of function reportedly associated with the residual surgical scar.

The Veteran withdrew his appeal with respect to all issues pending before the Board, including those related to traumatic brain injury, PTSD, low back strain, patellofemoral pain syndrome of the right knee, scars of the scalp and face, tinnitus, left ear hearing loss, post-traumatic headaches, and residuals of a left elbow contusion.

The Board has reopened the Veteran's claims for service connection for right lower extremity and right hand disabilities, finding that new evidence received since the January 2010 rating decisions relates to unestablished facts of current disabilities. The Board then finds that the Veteran's right ankle osteoarthritis with impingement syndrome is related to his in-service injury during football play, and thus service connection is granted based on a presumption of service connection for arthritis. Service connection for residuals of a right hand laceration with scar is also granted as the evidence shows it had its onset during service.

The Veteran's bilateral pes planus was incurred in service and aggravated by his military duties. The Board finds that the evidence supports a grant of service connection for this condition.

The Veteran's appeal was denied as the claims for increased ratings were not granted. The conditions, including hearing loss and sleep apnea, did not meet the criteria for higher disability ratings.