Scars decisions — 2008

The Board denied the veteran's claims for increased ratings for his service-connected facial and neck scarring, skull fracture residuals, and compression fractures of D12 and L1 with spondylosis and hip complaints. The effective date is not specified.

The veteran's sinusitis is not manifested by incapacitating episodes requiring prolonged antibiotic treatment, and the scar does not meet the criteria for a compensable rating.,The veteran's residual scar from right lumbar area cyst excision is rated as noncompensably disabling.

The Board denied the veteran's claims for service connection for PTSD, entitlement to a total disability rating based on individual unemployability (TDIU), and entitlement to special monthly compensation (SMC) based on the need for regular aid and attendance of another person (A&A) or being housebound.

The veteran's service-connected disabilities, including his lumbosacral spine injury with traumatic arthritis and neck injury with degenerative changes, are rated at 60 percent combined. The Board finds that these disabilities reasonably show him to be precluded from participating in any regular substantially gainful employment.

The veteran's appeal is remanded due to incomplete development of his claims, including the need for additional VA outpatient treatment records and a more detailed examination of his spine.

The veteran's service-connected disabilities do not meet the criteria for a TDIU rating under either the percentage or extraschedular standards.

The Board has determined that the veteran does not have a current right hand disability related to an injury with fracture of the right index finger and scarring of the middle, ring, and index fingers in service. The neck disorder is unrelated to service. The back disorder was not manifest during service and is unrelated to service. The right leg disorder was not manifested during service and is unrelated to service. The left leg disorder was not manifested during service and is unrelated to service.

The veteran's scar of the left frontal scalp was granted a separate 30 percent evaluation. Service connection for PTSD was denied due to lack of credible supporting evidence for claimed stressors.

The Board has determined that the veteran's psychiatric disorder and scars are not compensable under 38 U.S.C.A. § 1151 due to lack of evidence showing they were caused by carelessness, negligence, or similar instance of fault by VA medical personnel.

The Board found no basis for a compensable rating for the scar of the right hip under the rating criteria and denied the veteran's claim.

The Board has determined that the veteran's service-connected ankle disabilities played a material causal role in his death, and therefore grants service connection for the cause of the veteran's death.

The Board has remanded the case due to issues related to the veteran's unemployability and service-connected disabilities, including PTSD and shrapnel scar residuals. The RO is instructed to obtain all relevant medical records and conduct further examinations to determine if the veteran meets criteria for a total disability rating based on individual unemployability.

The Board denied the veteran's claim for a total disability evaluation based on individual unemployability due to his service-connected disabilities, finding that they do not present an exceptional or unusual disability picture that would warrant referral for extraschedular consideration.

The Board has granted service connection for residuals of a head injury, including memory loss and facial scars. However, the veteran's claim for an initial compensable rating for nasal disability remains denied.

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

The veteran's claim for a compensable rating for bilateral apical scarring of the lungs was denied due to his failure to report for scheduled VA examinations.

The Board has granted a higher rating for the veteran's service-connected left shoulder scar, but denied an increased rating for his residuals of lacerations to the back.

The veteran's service-connected disabilities alone do not prevent him from obtaining substantially gainful employment.

The veteran's service-connected disabilities, including Panic Disorder, Hypertension with Headaches, Hemorrhoids, and a skin condition, do not render him unemployable considering his educational and occupational background.

The veteran's application for Service Disabled Veterans' Insurance (RH insurance) was denied because he is not in 'good health' due to non-service-connected disabilities including alcohol-induced dementia, status-post stroke, depressive disorder, and trunkal ataxia.