Scars Board decisions

The Veteran's service-connected disabilities alone are not of such nature and severity as to prevent him from securing or following substantially gainful employment.

The Board denied service connection for ulcers and arthritis, but granted increased ratings for bilateral hearing loss and hypertension. The Veteran's appendectomy scar was rated at the minimum compensable level.

The Veteran's service-connected disabilities do not meet the minimum threshold requirements for an award of TDIU under 38 C.F.R. § 4.16(a). However, VA policy allows for a TDIU to be granted in all cases where a service-connected disability causes unemployability regardless of the percentage evaluations. The case is therefore remanded for further examination and consideration.

The Board has denied the appellant's claims for service connection for various disabilities, including bilateral hearing loss, tinea pedis, and plantar fasciitis. The initial compensable evaluations for recurrent lipomas, multiple lipoma excision scars on the left flank and right elbow, and a left flank scar have also been denied. The Board has not addressed the claims for cervical spine, lumbar spine, right elbow, right ankle, right shoulder, lower jaw, right foot sural neuropathy, or left foot sural neuropathy as they are considered part of the initial grant of service connection.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for the cause of the Veteran's death, which now includes a psychiatric disorder. The Appellant's request for accrued benefits based on claims pending at the time of the Veteran's death is also granted.

The Veteran's left arm disability is rated at the maximum allowable under VA regulations. The scars on his thighs and abdomen are evaluated based on their impact on function, not a specific Diagnostic Code.

The Veteran's claim for an increased rating for his service-connected left hip disability is being remanded due to the need for additional development, including obtaining VA treatment records and SSA records.

The appellant's service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Board has remanded the case for a VA medical examination to determine the nature and etiology of the Veteran's claimed left inguinal hernia disability. The claim will be reviewed with consideration of all applicable laws and regulations.

The Veteran's right foot disabilities have been rated as 30 percent for the shell fragment wound and 20 percent for the tender scar. The Board has determined that a higher rating of 40 percent is warranted for both conditions.

The Board has denied all service connection claims, except for PTSD and abdominal scar. The Veteran's bilateral shin splints, left hip quad strain, GERD, stomach ulcer, residuals of a fracture of the right 5th toe, neck disability, abnormal pap test, ovarian cyst, constipation, hemorrhoids, left knee disability, and sinusitis have not been found to be related to her military service.

The Veteran's service-connected right thumb scar as a residual of dog bite is currently rated at the maximum schedular evaluation (10%) and no higher. The Veteran's benign positional vertigo, also related to head injury in service, has been granted with a 10% rating since September 20, 2006.

The Veteran's left groin scar is rated at the minimum non-compensable level due to its superficial nature and pain on examination, which does not meet criteria for a higher rating.

The Veteran's service-connected residuals from injury due to laceration of profundus tendon of the left long finger are currently rated at 10 percent effective December 22, 2009. The Veteran's scar is also rated at 10 percent effective September 6, 2005.

The Veteran's right thigh scar has been rated as noncompensable since service connection was established in August 2004. The Board found that the criteria for a compensable rating under Diagnostic Codes 7801 to 7805 have not been met throughout the period considered in this appeal.

The Veteran's appeal is remanded due to the need for additional evidentiary development and consideration of his TDIU claim, which is inextricably intertwined with other issues raised in a June 2007 rating decision.

The Board is remanding the case for further development, including obtaining SSA records and providing VCAA notice regarding new and material evidence requirements and direct service connection.

The Veteran's claim for a higher initial rating for his service-connected left inguinal area scar was denied. The Board found no medical evidence warranting a staged rating and determined that the Veteran is not entitled to an increased rating beyond 10 percent under any applicable diagnostic codes. The Veteran's claim for aid and attendance allowance for B.E.B. was also denied as she does not meet the criteria due to her divorce from the Veteran, and there is no evidence of need for regular aid and attendance. The Veteran's pension claim was not addressed as it is unclear if he is still receiving compensation evaluated as 30 percent or more disabling.

The Veteran's lung disability, tuberculosis residuals, and scar from a biopsy are being remanded for additional development to ensure all relevant medical records have been considered.

The Board has remanded the case for additional development, including VA examinations and medical opinions, to determine the severity of the Veteran's service-connected conditions and whether they warrant compensable ratings.