Scars decisions — 2003

The veteran's service-connected disabilities, which include PTSD, cold injury residuals of the feet, shell fragment wound (SFW) of the left buttock, scar resulting from that SFW, and malaria, render him unable to secure or follow a substantially gainful occupation. The Board finds that these conditions meet the criteria for TDIU.

The Board has determined that the veteran became entitled to a total disability rating based on individual unemployability (TDIU) as of June 5, 1989. The effective date for this award is set at June 5, 1989.

The Board denied the veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that his combined schedular evaluation of 60 percent did not render him unemployable without considering other factors such as advancing age.

The veteran's claim for restoration of a 10 percent rating for laceration scar of the left forehead is granted. The claim for an increased rating for hypertension with intermittent chest pain and tachycardia is also granted.

The Board has determined that the veteran's claims for increased ratings for residuals of fractured left ileum with left hip pain, residuals of left ankle sprain, head injury with headaches and tinnitus, and appendectomy scar are denied as there is no evidence to support a higher rating based on current disability levels.

The Board denied the veteran's claim for benefits under 38 U.S.C.A. § 1151, finding that his conditions did not result from VA medical care and were not proximately caused by any event not reasonably foreseeable.

The Board has granted a 10 percent rating for the scar, residuals of an injury to the right anterior thigh and assigned a 10 percent rating for osteoarthritis of the lumbosacral spine.

The veteran's service-connected PTSD, laceration scar of the left arm, and right ear hearing loss have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted entitlement to total disability rating based on individual unemployability.

The Board denied the veteran's claims for VA outpatient dental treatment and payment or reimbursement of private dental expenses due to lack of evidence showing a service-connected disability, medical emergency, or other qualifying circumstances.

The veteran's claim for an earlier effective date for a total rating based on individual unemployability was granted, with the effective date set at November 16, 1998. The RO also granted service connection for major depressive disorder and generalized anxiety disorder.

The Board found that the veteran did not timely file a Substantive Appeal for his claims, and thus denied jurisdiction to review these issues.

The veteran's claims for increased ratings for his right foot and right fifth finger disabilities have been denied. The RO found that the current evaluations adequately reflect the severity of these conditions.

The Board denied the veteran's claim for an increased rating for left leg varicose veins with postoperative scar, finding that the manifestations of his service-connected condition did not warrant a higher evaluation.

The Board denied the veteran's claim for a compensable (10%) rating from October 21, 1952 to September 15, 1991 for his shell fragment wound residual scar on his right anterior shin.

The veteran's claims for higher ratings for his service-connected right arm and right upper thigh gunshot wound residuals were denied. The RO assigned a 40 percent rating for the right arm condition, but did not change the existing 10 percent rating for the right upper thigh condition.

The Board has determined that the veteran's service-connected mental illness contributed to his death, and thus grants the claim for service connection for the cause of the veteran's death.

The Board has determined that the veteran's low back disability does not warrant an evaluation in excess of 20 percent, and his scar of the left forearm is not compensable.

The veteran's claims for increased ratings and compensation benefits have been granted. The left leg venous insufficiency, left foot frostbite, and right foot frostbite are all rated as 30 percent disabling.

The veteran withdrew his appeal regarding the issues of determination of initial rating assignments for service-connected headaches, dementia, residuals of right shoulder injury, scars (frontal scalp, left cheek, right medial eyebrow, and below the right chin), and residuals of a right ankle injury.

The Board has determined that the appellant is not entitled to special monthly pension based on need for aid and attendance or due to being housebound, as her disabilities do not meet the criteria set forth in VA regulations.