Scars decisions — 2010

The Veteran's claims for increased evaluations and service connection have been denied. The right upper arm burn scars, neuropathic pain, chronic reflux laryngitis, and allergic rhinitis and chronic sinusitis are currently evaluated at the lowest possible ratings.

The Veteran's appeal is being remanded due to the need for a current VA examination of his service-connected post-operative ganglion cyst of the right wrist, including a residual scar.

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

The Veteran's service-connected disabilities, including PTSD, did not render him incapable of obtaining or sustaining substantially gainful employment prior to January 26, 2004. The Board finds that the criteria for an earlier effective date for TDIU are not met.

The Veteran's low back disability was granted an initial rating of 40 percent effective March 1, 2007. The laceration scar of the right elbow remains at a non-compensable evaluation.

The Board has determined that the Veteran's left arm scar preexisted service and was not aggravated by service. The April 2003 rating decision denying service connection for PTSD is not clearly and unmistakably erroneous.

The Board has determined that the Veteran's current residuals of a head injury, including migraine headaches and scars on his head, are related to service. Service connection is granted for these conditions.

The Veteran's service-connected obstructive airway disease and scars do not substantially contribute to his impairment of employability, and he has overcome the effects of such impairment. Therefore, he does not meet the criteria for vocational rehabilitation services.

The Board has remanded the case for further development due to incomplete medical records and a request for representation.

The Veteran's service-connected disabilities, including bilateral hearing loss, tinnitus, PTSD, and residuals of shell fragment wounds to the back and right leg, as well as osteoarthritis of the right knee, preclude him from obtaining or maintaining substantially gainful employment due to his education and occupational experience. The Board has determined that he meets the criteria for a TDIU.

The Board has determined that the Veteran's scar from lipoma excision does not meet the criteria for a compensable rating under the applicable VA rating schedule.

The Board found that the Veteran's headache disorder is not related to his active duty service and denied his claim for an initial compensable disability rating for left eye laceration scar residuals.

The Veteran's claims for increased ratings and service connection were denied. The VA examinations did not reflect any significant impairment of the left hip or knee, thus no compensable rating was assigned for residuals of a left femur fracture. For the scar on the left hand, there is no indication of limited motion or pain. Regarding the right shoulder disability, the evidence does not establish a relationship to service.

The Veteran's service-connected right and left inguinal hernia repairs have been evaluated as noncompensable since their initial grant. The Board finds that the current evidence does not support a higher evaluation for either condition.

The Veteran's service-connected right leg shrapnel fragment wound residuals with Muscle Group XIV injury and scars, right axilla shrapnel fragment wound residuals, and post-operative right inguinal hernia repair residuals are not shown to meet the criteria for an initial evaluation in excess of 20 percent.

The Board has determined that the Veteran's claims for service connection have been denied, with some issues being granted and others remaining in denial. The decision is based on the merits of the cases where new and material evidence was not received to reopen previously denied claims.

The Veteran's service-connected disabilities have a combined rating of 90 percent, with at least one disability rated 40 percent or more. The Veteran is unable to secure and follow substantially gainful employment due to his service-connected disabilities.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board finds that the Veteran's corneal scar in his left eye, outside the visual axis, was incurred during service and is related to a foreign body injury. The blurred vision and photophobia of the left eye are not shown by competent evidence to be related to his military service or any incident therein.

The Veteran's service-connected dysthymic disorder with generalized anxiety disorder, traumatic arthritis of the lumbosacral spine, and scar of the left forehead render him unemployable prior to March 24, 2005.