Scars Board decisions

The Veteran's appeal has been withdrawn by the appellant through his authorized representative before a decision was made.

The Veteran's appeal is remanded for additional development, including a VA examination to assess the combined effect of his service-connected disabilities on his employability and referral for extraschedular TDIU consideration.

The Veteran's service connection claim for residual shrapnel wound scars on the face, arms and legs is granted as these conditions are considered to be directly related to his in-service injury.

The Veteran's claims for increased ratings for a fistula in ano and a depressed right buttock scar were denied as there is no evidence of the required severity to warrant higher ratings under the applicable rating criteria.

The Veteran's left shoulder scars are painful, but do not meet the criteria for a compensable rating under any applicable diagnostic codes.

The Veteran's claim for an increased rating in excess of 10 percent for residuals of right leg mid-shaft tibia/fibula fracture was denied. The disability is currently rated as 10 percent disabling.

The Veteran withdrew his appeals for increased ratings and SMC based on aid and attendance, and the Board dismissed these issues. The Veteran's TDIU claim was granted.

The Veteran's initial compensable rating for his residual surgical scar of the left knee patella was granted, while service connection for degenerative disc disease of the lumbar spine was denied.

The Veteran's maxillary sinusitis with retention cyst and residuals of cholecystectomy with scar were evaluated, but the claims for increased ratings were denied as there was no evidence showing that the conditions warranted a higher rating.

The Veteran's claims for increased ratings for his right knee disability have been denied. The RO found that the evidence did not support a higher rating for any of the conditions listed.

The Veteran's nephrolithiasis has been rated at 30 percent since October 25, 2005. The Board finds that the Veteran met the schedular criteria for consideration of TDIU from October 25, 2005 to February 8, 2006, and from September 1, 2006 to July 21, 2011, and from September 30, 2011 to August 29, 2012. The Veteran's service-connected disabilities have resulted in unemployability during these periods.

The Veteran's TDIU claim was granted effective June 16, 2010, as he has been unable to secure and maintain substantially gainful employment due to his service-connected disabilities since January 18, 2007.

The Veteran withdrew her appeals for the claims of depressive disorder, bilateral pes planus, hypothyroidism, and a bilateral shin disability during her hearing. The remaining issues are not addressed in this decision.

The Veteran's claim for an increased rating of his left knee disability is being remanded due to the need for additional examination and consideration of a possible CUE issue.

The Veteran's appeals on several issues have been dismissed as the Veteran and his representative requested to withdraw these claims.

The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and VA treatment records. The Veteran will be scheduled for a VA examination to determine the nature and etiology of his hernia surgical scar and gastrointestinal disability.

The Veteran's right foot bunionectomy residuals are rated at 10 percent, his pes planus is rated at 30 percent prior to October 24, 2005 and 10 percent from that date, and he has a separate rating for anterior metatarsalgia since December 28, 2012. The Veteran's keloid scar of the right foot remains rated at 10 percent.

The Board grants an effective date of June 2, 2005 for the award of a TDIU on an extraschedular basis. The Veteran was unable to secure or follow a substantially gainful occupation as of June 2, 2005 due to his service-connected disabilities.

The Board finds that the Veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation, and thus denies his claim for TDIU.

The Veteran's combined disability rating is currently at 80 percent, which meets the schedular criteria for a TDIU. The Board finds that his service-connected disabilities combine to render him unable to secure or follow substantially gainful employment.