Scars decisions — 2009

The Veteran's service-connected disabilities meet the percentage rating standards for TDIU and his claim is granted. The effective date of this decision is June 20, 2006.

The Board denied the appellant's claims for service connection for an acquired psychiatric disorder, cervical disc disease, arthritis of the lumbar spine with mild disc disease and spondylolysis, right leg sciatica, and residuals of a postoperative scar on the bridge of the nose. The appeal is not about service connection at all.

The Veteran's skin disorder, consisting of pseudofolliculitis barbae with superficial facial scarring, has been rated at 30 percent since the date his claim was received. The current rating is appropriate as it reflects that the condition constitutes less than 5% of the total exposed skin area and does not require systemic therapy.

The Veteran's appeals for increased ratings were denied. The Board found that the residuals of a right ankle fracture warranted a 10 percent rating effective from August 10, 1994, but not in excess of this level after September 11, 1996. The Veteran's right thigh furuncle scar was also rated at 10 percent effective from February 21, 2007.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on the need for regular aid and attendance or by reason of being housebound. His TDIU claim is also denied as there is insufficient evidence to determine if his service-connected conditions preclude him from engaging in substantially gainful employment.

The Veteran's service-connected disfiguring scar of the left occipital region is rated at 30 percent, effective May 8, 2007. The tender scar of the left occipital region is rated at 10 percent, also effective May 8, 2007. The residuals of a head injury are rated at 10 percent, effective May 8, 2007.,The Veteran's service-connected conditions do not warrant an evaluation in excess of the currently assigned ratings.

The Board has denied the Veteran's claims for service connection for residuals of a gunshot wound to the left leg, hearing loss, tinnitus, and skin disorders due to Agent Orange exposure. The claim for a scar of the right arm was also denied.

The Board determined that the Veteran's service-connected conditions did not cause or contribute to his death from hepatocellular carcinoma.

The Veteran's right hand shrapnel scars and arthritis of the right index finger have been granted service connection. However, he is not entitled to an increased evaluation for his PTSD.

The Veteran's service-connected disabilities require the regular aid and attendance of another person, leading to a favorable decision for special monthly compensation based on need for regular aid and attendance.

The Board has remanded the case for further development, including a supplemental opinion from the VA physician regarding the Veteran's employability due to his service-connected disabilities.

The evidence does not show marked limitation of motion, which is required for a higher disability rating under the applicable diagnostic code. The Veteran's right ankle disability is currently rated at 10 percent.

The Board has determined that the Veteran does not have a scar of the right leg that was incurred or aggravated during service, and thus denied the claim for service connection.

The Veteran's service-connected disabilities, including PTSD, prevent him from securing or following a substantially gainful occupation.

The Veteran's neck and chin scars are rated at 30 percent, which is the maximum rating available under the applicable diagnostic code. The Veteran's vocal cord stricture is currently rated at 10 percent, as there is no evidence of thickening or nodules on biopsy.

The Veteran's TDIU claim has been denied as his service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation. The increased rating and diabetes mellitus claims are being remanded for further development.

The Board found that the appellant's service-connected disabilities do not preclude him from securing and maintaining substantially gainful employment, as he is currently employed.

The Veteran's psychiatric disability, diagnosed as schizoaffective disorder-bipolar type, and deformity and scarring of the left ear resulting from surgery in service are granted. The Veteran does not have a presumptive or secondary service connection for these conditions.

The Veteran's TDIU claim is being remanded for additional development to determine if his service-connected disabilities, including in combination, preclude him from engaging in substantially gainful employment.

The Board denied the Veteran's claim for service connection of a low back disorder, finding that new and material evidence had not been submitted sufficient to reopen this claim.