Scars decisions — 2010

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

The Board found that the Veteran's claim for an earlier effective date for TDIU was denied as there is no evidence of a factually ascertainable increase in disability prior to December 29, 2006.

The Veteran's herniorrhaphy scar was found to be superficial, stable, and did not cause limited motion but was numb and painful. A rating of 10 percent is granted for the Veteran's scar.

The Veteran's cause of death (urosepsis) was not service-connected, and no other disability contributed substantially or materially to his death.

The Veteran's unauthorized medical expenses incurred from May 4, 2007 through May 10, 2007 were covered by Medicare or private insurance. The VA did not provide immediate care due to the availability of a VA facility and the Veteran refused transfer to a VA facility.

The Board has granted service connection for a facial scar, cognitive dysfunction from head trauma, and tinnitus. The effective date of these determinations is August 30, 2006.

The Veteran's appendectomy scar is currently rated at 10 percent, the maximum rating available under the revised criteria. The Board found that his symptoms do not warrant a higher rating as he does not have any unstable or painful scars.

The Veteran's service-connected disabilities, including surgical anophthalmos, pigmented scars of the left hand, disfiguring pigmented scars of the face, and other conditions, render him unable to engage in substantially gainful employment consistent with his education and experience as a postal carrier.

The Veteran's appeal is remanded to the RO for further development of the evidence and for due process development, including obtaining outstanding treatment records from the Milwaukee VAMC.

The Veteran's request for independent living services is denied as the additional training or help with psychosocial rehabilitation and courses in grant writing, meditation, art and photography (including purchase of art supplies, photography equipment, computers, scanners and cameras) is not required to allow him to achieve independent living.

The Veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 is being remanded due to an inadequate examination in determining that he was not entitled to benefits.

The Veteran's SLE is rated at 60 percent, and the Board denied an increased rating. The claim for a TDIU was also denied as there were no indications of unemployability due to service-connected disabilities.

The Board denied the Veteran's claim for a TDIU, finding that his service-connected disabilities did not render him unemployable.

The Board found that the Veteran's inactive gall bladder, miscarriage and tubal ligation were not incurred in or aggravated by military service.

The Veteran's service connection claims were granted for various conditions, including a scar on the left breast, residuals of liposuction surgery, spondylosis of the thoracic spine, right ankle strain, migraine headaches, lumbar sprain, and major depressive disorder. The effective dates are not specified.

The Veteran's right knee disorder and bilateral eye disorders are granted service connection. The Veteran's back and left ankle disorders do not meet the criteria for service connection.

The Veteran's scar above the right eyebrow is rated noncompensable, as it does not meet the criteria for a compensable rating under any applicable diagnostic codes.,Prior to October 23, 2008, the Veteran's residuals of TBI with chronic headaches were rated at 10 percent. Since then, his cognitive impairment and subjective symptoms have warranted an increased rating to 10 percent.,Since October 23, 2008, the Veteran has been assigned a separate rating of 10 percent for right supraorbital neuralgia, which is considered a residual of TBI.

The Veteran's residual right groin scar is currently assigned a 10 percent evaluation, and the Board finds that this rating adequately reflects his disability. The Veteran's lower back disorder claim is addressed in the REMAND portion of the decision.

The Board is remanding the case to obtain a medical opinion regarding whether any service-connected disabilities contributed to the Veteran's death, and to ensure that all relevant evidence has been considered in making this determination.

The Veteran's claim for an initial compensable rating for scars, status post left thoracotomy, left chest tube insertions, and exploratory laparotomy is being remanded due to the need for additional development including a VA examination.