Scars decisions — 2009

The Board has remanded the case for further development, including obtaining VA examination reports and outpatient treatment records.

The Veteran's claim for an increased rating for his left eye disability is being remanded due to the need for a new VA examination.

The Veteran's unauthorized medical expenses for treatment received on May 6, 2006 from Internal Medicine Associates and Southern Tier ER Physicians are approved. The expenses incurred at St. Joseph's Hospital from May 6 to May 8, 2006 are also covered.

The Veteran's death was not caused by or aggravated by any service-connected disability. The Board denied both the cause of death and DIC claims.

The Veteran's claims for increased ratings and initial compensable ratings have been granted, but the specific evaluations assigned are within the scope of the applicable rating criteria.

The Veteran's shell fragment wound scars of the right lower extremity have been rated at 10 percent since October 17, 2008. Prior to this date, a compensable rating was not warranted.

The Veteran's claim for special monthly compensation based on the need for aid and attendance or being housebound was denied as he did not meet the criteria due to his service-connected disabilities.

The Veteran's TDIU claim is being remanded for further examination and consideration due to the need to assess her employability based on all of her service-connected disabilities, including non-service-connected conditions and age.

The Veteran's appeal is being remanded due to incomplete records and the need for an addendum from a VA examiner regarding his right leg disability, including any potential additional disabilities related to prior service.

The Board has determined that the Veteran's current skin conditions, including acne and post-inflammatory hyperpigmentation, are not related to his active military service.

The Veteran's claim for a TDIU is being remanded due to the need for additional evidence and an examination to assess his employability given his service-connected disabilities.

The Veteran's service-connected varicose veins of the right lower extremity warrant a 40 percent evaluation effective June 3, 2008. The Veteran also meets the criteria for a TDIU based on his combined disability rating.

The Veteran's third degree burn scar of the right lower leg is currently rated at 20 percent and does not meet the criteria for a higher rating.

The Board denied service connection for hypertension, dizziness, and scar tissue of the lungs. The Veteran's conditions were not found to be related to his military service or exposure to herbicides.

The Veteran's claims for service connection for diabetes mellitus, and for increased ratings for scars on the scalp and right hand were denied. The Board found no evidence of diabetes mellitus in service or within one year after separation from service, nor any link between the current disabilities and service.

The Veteran's service-connected bipolar disorder was granted a higher initial rating of 50 percent effective March 24, 2009. The other disabilities were previously granted and remain at their current assigned ratings.

The Veteran's service-connected disabilities render him unable to protect himself from daily hazards and requires regular aid and attendance, leading to the grant of SMC by reason of need for regular aid and attendance.

The Veteran's initial claim for a compensable evaluation for his thoracotomy scar was granted, but the Board found that a higher rating is not warranted. The Veteran's claim of service connection for a deviated septum was denied as there was no evidence of current disability associated with the condition.

The Veteran's claim for special monthly compensation (SMC) by reason of the need for regular aid and attendance of another person or due to being housebound has been denied as his service-connected disability does not meet the criteria for SMC benefits.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and employment information. The VA will also schedule the Veteran for a VA examination to determine if his service-connected disabilities render him unable to secure or follow substantially gainful employment.