Scars decisions — 2009

The Veteran's claim for an increased rating for his service-connected compartment fasciotomy with postoperative scar, left lower leg, with chronic myofascial low back pain was granted. The current evaluation is 40 percent disabling.

The Board denied the Veteran's claim for service connection for a scar on the back of the head with migraines, finding no evidence of such condition in service or post-service. The psychiatric disorder claim is pending.

The Veteran's appeal was denied for service connection of various conditions, including bilateral hearing loss, right shoulder disability, left ankle disorder, and residuals of Achilles tendon repair. The Veteran did not receive a compensable rating for these conditions.

The Board found that the Veteran's left eye scar does not meet the criteria for a compensable rating under any applicable diagnostic codes, as it is one inch in length and well-healed without associated tissue loss or disfigurement.

The Veteran's service-connected right foot disabilities render him unable to engage in substantially gainful employment, and the Board finds that he is unemployable due to these conditions.

The Veteran has withdrawn his appeals for all issues except the ones related to Agent Orange exposure. The Board does not have jurisdiction to review these remaining issues.

The Veteran's service-connected gunshot wound penetrating the abdomen with liver damage is currently rated at 30 percent, and his scar, gunshot wound to the abdomen with numbness is rated at 10 percent. The Board has determined that these ratings are appropriate.,Service connection for sinus bradycardia with pacemaker insertion (claimed as atrial fibrillation) was not granted because there is no evidence showing it was caused or aggravated by service-connected PTSD.

The Veteran's claims for increased ratings and TDIU were denied. The hearing loss claim was not addressed as it did not meet the criteria for a compensable rating, while the other issues had insufficient evidence to determine their validity.

The Veteran's service-connected disabilities, in combination, do not meet the schedular requirements for assignment of a total disability rating based on individual unemployability.

The Veteran's claim for service connection for additional residuals of shrapnel wounds, affecting the right hand and wrist, and leg scars was denied as there is no evidence of current disability related to his inservice injuries.

The Board has remanded the case for further development, including a new VA examination to assess the severity of the facial scarring and whether it is painful. The claim will be reconsidered under both the amended and pre-amended rating criteria.

The Veteran was not found to be unemployable due solely to his service-connected disabilities prior to December 28, 2007. However, on and after that date, his service-connected disabilities rendered him unemployable.

The Board has remanded the case due to incomplete records and a need for medical opinions regarding the cause of death.

The Veteran's claim for a compensable disability rating for his scar of the left buttock was granted. However, his attempt to reopen his service connection claim for a spinal disorder was denied.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation consistent with his education and employment history.

The Veteran is granted special monthly pension at the housebound rate due to his age and multiple nonservice-connected disabilities, with a combined rating of 80 percent.

The Veteran's service connection claim for vitreous floaters was granted. The claims for initial evaluations of ulcerative colitis and hypertension remain pending.

The Board denied an increased rating for the Veteran's service-connected left knee scars, finding that the evidence did not show a marked interference with employment or frequent periods of hospitalization due to the condition. The current level of disability was found to be noncompensable.

The Board has granted the Veteran a 10 percent evaluation for schizoaffective disorder and found that he is unemployable due to his service-connected disabilities, including his right wrist and ulnar nerve disabilities. The TDIU claim remains pending.

The Board found that the Veteran has chronic headaches as a residual of his head injury during service, but does not have other residuals attributable to this injury.