Scars decisions — 2010

The Veteran is entitled to a total rating for compensation purposes based on individual unemployability (TDIU) from December 18, 2006 through August 26, 2009.

The Veteran's claim for an effective date earlier than September 15, 1993 for the grant of service connection and a compensable evaluation for residual scar of a gunshot wound (GSW) of the left elbow was denied. The Board found that there was no informal claim prior to September 15, 1993 for any shoulder or ulnar nerve disability.

The Veteran's claims for service connection for various conditions, including right knee, left knee, right hip, pulmonary disorder, cardiovascular disorder, and bilateral hearing loss were denied as there is no evidence of a chronic onset during active duty or secondary to a service-connected disability.

The Board denied the Veteran's claims for an effective date earlier than April 24, 2006, for service connection of right hand condition and residuals of a right foot shrapnel wound with scar. The decision also dismissed the Veteran's appeal regarding entitlement to increased evaluation for sensorineural hearing loss and service connection for tinnitus due to untimely filing of substantive appeals.

The Veteran's service-connected left radius fracture, Muscle Group VIII herniation secondary to the fractured radius, and post-surgical scar of the left forearm have been granted initial evaluations. The muscle group disability has a maximum rating of 20 percent since February 25, 2005. The left radius fracture is rated at 10 percent disabling. The post-surgical scar is rated at 10 percent due to pain.

The Veteran's combined rating for service-connected disabilities of the right lower extremity is 70 percent, which exceeds the maximum allowed by law. Therefore, no higher ratings are granted.

The Veteran's service connection claim for residuals of throat surgery is granted. However, his claim for COPD as due to asbestos exposure is denied.

The Board denied the Veteran's application to reopen his claim of service connection for postoperative residuals of burn scars on the left hand, finding that new and material evidence had not been received.

The Veteran's service-connected disabilities alone do not render him unable to obtain or retain employment, and a total disability rating for compensation based upon individual unemployability due to service-connected disabilities is denied.

The Board denied the Veteran's claim for apportionment of his compensation benefits to support their minor child, M.H., due to the appellant not providing requested financial information and because she was not residing with the Veteran.

The Veteran's combined disability rating is 50%, which does not meet the threshold requirements for a TDIU benefit. However, he is not unemployable due to his service-connected disabilities.

The Board found that the Veteran did not have any current disabilities related to his service, and thus denied his claims for service connection.

The Board found that the Veteran's service-connected postoperative scar on his right chest does not warrant a rating in excess of 10 percent.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing benefits due to his combined disability rating and employment status.

The Board has determined that the Veteran's service-connected bilateral inguinal hernia repair warrants a 10 percent rating, effective October 1, 2005. Additionally, a separate 10 percent rating is assigned for surgical scarring of the scrotum.

The Veteran's service-connected disabilities, including bilateral hearing loss and PTSD, render him unable to secure or follow a substantially gainful occupation.

The Veteran's service-connected surgical scar, right hip, is rated at a maximum of 10 percent due to tenderness on palpation. The claim for higher initial evaluations remains pending.

The Veteran's appeal is remanded due to the need for additional development, including a VA examination to assess the severity of his stabbing wound scar of muscle group XIX and any related neurologic symptoms.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board finds that his claim for TDIU is granted.

The Veteran's service connection claim for a residual scar of the left frontal scalp, with residual elevation and itching, is granted. The claim for service connection for a dental disorder as due to trauma for compensation and treatment purposes is remanded.