Scars decisions — 2009

The Veteran's left hand fibrolipoma removal scar is rated at a 10 percent disability rating, but no more. The scar is painful and superficial, meeting the criteria for a 10 percent rating under Diagnostic Code 7804.

The Veteran's claim for an increased disability rating for the scar of his neck was denied as there is no evidence of a current diagnosis or impairment that would warrant a higher rating.

The Veteran's scar on the left chin is evaluated at a non-compensable (0%) level. The RO has granted service connection for this condition and assigned an effective date from the date of claim. For his right deviated septum, the RO denied entitlement to increased ratings prior to September 15, 2008, and from that date forward.

The Veteran's appeal has been dismissed as he withdrew his appeals for increased evaluations of his service-connected degenerative joint disease, right knee and scar, right knee.

The Board found that the cause of the Veteran's death, hepatocellular carcinoma of the liver, was not related to his military service and did not find any evidence linking it to Agent Orange exposure. The claim for service connection for the cause of death is denied.

The Veteran's claim for service connection for the residuals of a head injury, including an acquired psychiatric disorder, memory loss, headaches, tinnitus, postural vertigo and status post loss of consciousness, and scar of the left ear is granted.

The Veteran's claim for service connection for residuals of pneumonia, including scarring of the right lung base and obstructive airway disease is being remanded due to incomplete records and need for further development.

The Veteran's service-connected disabilities do not render him unemployable, as he is capable of working in a sedentary employment.

The Board denied the Veteran's claims for service connection and increased ratings for his right and left knee disabilities, low back disability, hepatitis C, and multiple forehead scars. The Veteran is currently rated at 40% for his degenerative disc disease of the lumbar spine.

The Board has determined that the Veteran's left thumb scarring is a residual of a shell fragment wound sustained during service, and thus grants service connection for this condition.

The Veteran's service-connected disabilities do not meet the minimum percentage requirements for a TDIU, and these disabilities are not shown to prevent him from obtaining or retaining substantially gainful employment.

The Veteran's right leg limp and scars are included in his disability rating for residuals of a right femur fracture. The Veteran does not have a diagnosed neurological condition resulting in the claimed symptoms, so service connection is denied.

The Board has determined that additional development is needed to determine if the Veteran's service-connected disabilities render him unemployable, and has therefore remanded the case for further action.

The Board has remanded the appellant's cause of death and TDIU claims due to incomplete development, including a need for VA outpatient treatment records from 2003-2004 and SSA disability benefits decision. The Veteran's service-connected disabilities are being evaluated by a VA physician.

The Veteran's claims for compensation under the provisions of 38 U.S.C.A. � 1151 were denied as his claimed disabilities are not considered to be caused by VA care, treatment or examination.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation, thus his claim for TDIU is denied.

The Veteran's right knee patellar tendonitis and post-operative residuals are currently rated at 10 percent, which is the maximum schedular rating available. The Veteran's hypertension has been rated as 10 percent disabling since it requires continuous medication for control.

The Veteran's corneal scarring from herpes keratitis, left eye, with history of uveitis has not resulted in a compensable rating during the appeal period.

The Veteran's appeal is remanded for further development, including obtaining VA treatment records and SSA disability benefits information. The case will be readjudicated after the additional development.

The Board finds that the Veteran's gynecological disorder, including scarring fibroid tumors and status post total hysterectomy, was incurred in service due to a pre-existing condition.