Scars decisions — 2009

The Veteran's current right leg disorder, manifested by residual scarring and muscle atrophy, is considered service-connected as it is related to the in-service treatment for a staph infection of the right leg. The Board found that no other pathology of the right leg was shown to be associated with the service treatment.

The Veteran is entitled to the services outlined in his Individual Independent Living Plan (IILP) for the period from July 27, 2005 to August 1, 2006.

The Veteran's claim for higher ratings for PTSD and a shell fragment wound to the left shoulder with scar and residual posttraumatic degenerative arthrosis was denied. The initial rating of 10 percent for the shell fragment wound is upheld.

The appellant has withdrawn his appeals for the evaluation of left arm wound, residual scar on right leg, service connection for chronic lymphocytic leukemia, and service connection for skin cancer. As a result, these issues are dismissed.

The Veteran's appeal is being remanded to obtain additional private medical records and for further development.

The Veteran's cause of death was not caused by or substantially contributed to by his service-connected disabilities. The Board finds that the lung cancer, which is listed as the immediate cause of death, did not arise during his military service and there is no evidence linking it to any service-connected condition.

The Veteran's death was not service-connected, and he did not meet the criteria for DIC under section 1318 as his total disability rating was not sustained for at least ten years prior to his death.

The Board denied service connection for the cause of the Veteran's death, finding that his service-connected disabilities did not contribute substantially or materially to his death.

The Veteran's service-connected disabilities do not preclude him from securing and following a substantially gainful occupation.

The Veteran's keloidal scars of the chest have been found to exceed 12 square inches, warranting a 20 percent rating.

The Veteran's claims for service connection were denied as the preponderance of the evidence did not support a finding that any claimed conditions were incurred or aggravated by military service, including as due to an undiagnosed illness.

The Veteran's service-connected disabilities, including PTSD and diabetes, are not shown to be of such severity as to preclude substantially gainful employment.

The Veteran's claim for an effective date earlier than September 4, 2003 for a 30 percent evaluation for scars of the left leg is denied as there is no evidence suggesting that his disability had increased in severity prior to this date.

The Veteran's claims for increased ratings for his service-connected knee disabilities were denied as the evidence did not show that they met the criteria for a higher rating.

The VA denied an increased rating for the veteran's service-connected gunshot wound scars of the left flank and right abdomen, finding that his symptoms did not meet criteria warranting a higher evaluation.

The Veteran's surgical scar on the left forearm, resulting from a radial fracture, is rated at 10 percent due to its length and slight disfigurement. The rating for retropatellar pain syndrome of the right knee remains unchanged.

The Veteran's postoperative left inguinal hernia with pinched nerve and scar tissue buildup is currently rated at 10 percent, but the Board finds that this rating is not warranted based on the evidence of record.

The Veteran's death was caused by his service-connected major depression and related conditions, which were contributory causes of his death. The Board finds that the Veteran's service-connected disabilities contributed to his untimely death.

The Veteran's service-connected conditions do not render him unemployable, as he is capable of performing the physical and mental acts required by employment.

The Veteran is entitled to special monthly compensation based on the need for aid and attendance due to his service-connected disabilities, including major depression, arthritis of the lumbar spine, arthritis of the thoracic spine, and residuals of an appendectomy scar.