Scars decisions — 2010

The Board found that the multiple scars are not etiologically related to service and are not proximately due to, or the result of, service-connected right knee disability.

The Veteran's service-connected GSW of the right thigh affecting Muscle Group XIV is currently rated at 40 percent, and a separate compensable rating for his painful entrance wound scar on the lateral side of the right thigh has been granted.

The Veteran's dental condition and post-operative lipoma scar of the right chest were found to be service-connected, with a compensable rating assigned for the latter.

The Veteran's claims for a compensable rating for his service-connected scar of the left thigh/inguinal region and an extraschedular rating for his glans penis bifurcation were both considered. The Board found that the Veteran did not meet the criteria for a compensable rating under the applicable diagnostic codes, but granted an extraschedular rating for his glans penis bifurcation.

The Board has determined that the appellant's burn scars of both legs are associated with decreased hair growth and xerosis but do not meet the criteria for an evaluation in excess of 10 percent.

The Board has remanded the case for further development, including a VA ophthalmology examination to determine the current nature and etiology of any left eye disorder, to include pterygium or scarring. The examiner is asked to provide opinions on whether the Veteran's current left eye disorders are related to service.

The Veteran's service-connected disabilities do not render him unemployable, as his age is considered in determining whether he can secure or follow substantially gainful employment.

The Veteran's service-connected scars of the left thigh do not result in any functional impairment and are rated as noncompensable under VA regulations.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.

The Board found that the Veteran did not file a prior claim for service connection involving vision loss and residual scar with hair loss before December 31, 1998. Therefore, the effective dates of these awards cannot be earlier than that date.

The Veteran's service-connected generalized anxiety disorder contributed to his fatal cardiomyopathy, reducing his ability to rehabilitate and medicate which caused a more rapid deterioration of his physical health and condition. The Board finds that the Veteran's psychiatric disability was not the only contributing cause of his death but did contribute.

The Veteran's appeal is being remanded due to the need for additional development of his medical records and an examination to assess his employability.

The Veteran's service-connected disabilities are shown to preclude him from performing substantially gainful employment consistent with his educational and occupational background, warranting a total disability rating based on individual unemployability.

The Veteran's service-connected postoperative osteotomies of both third toes with residual scars, hammertoes, claw toes, corns, and calluses, both feet are productive of some pain but not severe enough to warrant a higher rating.

The Veteran's claim for service connection for a left eye disorder is being remanded due to the need for further examination and analysis of her medical records.

The Veteran's service-connected disabilities, including PTSD and physical impairments, are of such severity as to preclude him from obtaining or retaining substantially gainful employment.

The Veteran's appeal is being remanded to the RO for further development, including obtaining his employment records and scheduling him for VA examinations. The issues of entitlement to increased ratings for residuals of a gunshot wound to the left thigh and associated scar are being considered.

The Veteran's claim for an increase in the ratings for his left thigh shrapnel wound scar residuals was denied. Prior to September 29, 2009, he did not meet the criteria for a compensable rating. From that date, he does not meet the criteria for a rating in excess of 10 percent.

The Veteran's appeal is being remanded due to incomplete records and the need for additional examinations. The issues of service connection, evaluation for hearing loss, and initial evaluations for cholesteatomas are all inextricably intertwined.