Scars decisions — 2009

The Veteran's service connection claims for scars on his hands and arthritis of his hands have been granted. However, the claims for hearing loss and tinnitus remain pending.

The Veteran's claims for increased ratings and service connection were denied. The initial disability evaluations for his left forearm scar and well-healed incision, right iliac crest, are both rated at 10 percent.

The Veteran's claim for an increased rating for his service-connected scar, left inguinal herniorrhaphy was denied as the current 10 percent evaluation adequately reflects the severity of his condition.

The Veteran's claim for an increased disability rating for his service-connected post-surgical right inguinal hernia with scar is being remanded to the RO for further development, including scheduling a VA examination and verifying the Veteran's current address.

The Veteran's appeal has been dismissed due to his death during the pendency of the appeal.

The Veteran's appeal is being remanded to comply with the Court's June 2004 decision, which found that VA had failed to provide proper notice. Additional development is needed for compliance with VA's duty to assist and notify.

The Board has determined that the submitted evidence does not meet the criteria for reopening any of the Veteran's service connection claims, as it is either insufficient to establish new and material evidence or does not relate to an unestablished fact necessary to substantiate the claim.

The Board has granted an initial disability rating of 10 percent for the Veteran's right elbow scars, but denied a compensable rating for his lower back scars.

The Board has determined that the Veteran does not have a current disability for any of the conditions she is claiming service connection for, and thus, her claims are denied.

The Veteran's appeal is being remanded for a video conference hearing before a Veterans Law Judge to address his claim regarding the evaluation of residuals of left inguinal hernia repair, including a tender and painful scar and any residual neurological manifestations.

The Board has remanded the case for additional development, including obtaining an opinion on the cumulative effect of the Veteran's service-connected disabilities on his employability.

The Veteran's claims for service connection for various conditions were denied as there was no evidence of current disabilities or continuity of symptoms since service, and the claimed conditions are not shown to be related to service.

The Veteran's claims for service connection and increased evaluations were denied. The issues of service connection for PTSD, scars of the groin as residuals of fungal infection, myositis, degenerative arthritis and spinal stenosis of the lumbar spine, appendectomy scar, and diabetes mellitus with complications are addressed in the Remand portion.

The appellant's claim for TDIU is being remanded due to insufficient evidence of his ability to obtain and maintain substantially gainful employment due to his service-connected disabilities. The RO must make arrangements for a comprehensive examination to evaluate the impact of all his service-connected conditions on his employability.

The Veteran's combined evaluation of his service-connected disabilities is 50 percent from April 18, 2006. The Board finds that the criteria for a total disability rating based on individual unemployability due to service-connected disabilities are not met.

The Board has granted service connection for a skin condition and residuals of a left inguinal hernia, finding that the current conditions are at least as likely as not related to service.

The Board denied the Veteran's claims for increased ratings for service-connected residuals of a left ear infection with scarring of the tympanic membrane and left ear hearing loss, finding no legal basis for an increased rating under the applicable diagnostic codes.

The Veteran's service connection claims for residuals of a left tibia fracture, high cholesterol, and scar of the right foot were granted.,Service connection was denied for chronic residuals of a left tibia injury, mitral valve prolapse, ventricular spasm, and heart fibrillation, bilateral ankle disability, bilateral tarsal tunnel syndrome, sinusitis, gastroesophageal reflux disease (GERD), hypertension, and hemorrhoids.

The Veteran's claim for a higher rating for his bowel syndrome was denied as the evidence did not show that his symptoms warranted a compensable evaluation. The issue of service connection for hiatal hernia is inextricably intertwined and must be adjudicated before the increased rating claim can be decided.

The Veteran's claim for TDIU is being remanded due to unclear evidence regarding his employability.