Scars decisions — 2010

The Board found that the Veteran's right ear hearing loss did not pre-exist service and was not aggravated by service. The Board also determined there is no evidence of tuberculosis in active service or within three years post-service.

The Veteran's appeal is being remanded due to the need for additional development, including a VA examination and review of his medical records.

The Veteran's knee and shoulder disabilities have been service-connected, but the assigned initial ratings of 10 percent are not considered adequate for each condition.

The Veteran's claim for an increased rating for his scar, left anterior neck is being remanded due to a potential error in the effective date of the award.

The Veteran meets the schedular requirements for a TDIU based on his service-connected disabilities and is unable to secure or follow a substantially gainful occupation as a result of these disabilities.

The Veteran's vocational goal of becoming a dog trainer is reasonably feasible, and the Board finds that achievement of this goal is feasible given his service-connected disabilities.

The Veteran's service-connected multiple periauricular cysts with residual scars are currently evaluated at 30 percent, and the Board finds that they do not warrant a higher rating based on the criteria provided.

The Veteran's claims for service connection for burn scars of both feet, right knee disorder, left knee disorder (including as secondary to the right knee disorder), and dental disorder were denied. The Board found that there is no current disability from burn scars on her feet and that her right and left knee disorders are not related to her military service.

The Veteran's claim for a higher rating for his right (major) distal humeral compound fracture residuals with biceps muscle involvement and scar residuals under the provisions of 38 C.F.R. � 4.71a, Diagnostic Code 5305 was granted by the Board in May 2006, but the RO increased it to 30 percent effective May 29, 2002.

The Board found that the Veteran's service-connected conditions did not contribute to his death, and thus denied the claim for service connection for the cause of death.

The Veteran's claim for increased ratings for scars of the left thigh and injury to muscle group XIV was denied by the Board. The scars are rated as 10 percent disabling, which is the maximum rating available under Diagnostic Code 7804.

The Veteran's death was not due to willful misconduct, and he met the criteria for DIC under 38 U.S.C.A. § 1318(b) as his service-connected disabilities were rated at least 10 percent disabling for at least ten years prior to his death. However, the Veteran did not meet any of the three specified criteria in the statute.

The Veteran's claim for TDIU due to service-connected disabilities is being remanded as the current evidence does not provide sufficient information on his employability status.

The Veteran's appeal is being remanded for additional development, including obtaining SSA disability decision and supporting documents, VA examination of left hip scars, and any other necessary steps.

The Veteran's claim for service connection for scarring of the left inner thigh is denied. His claim for tinea cruris, status post staphylococcus aureus infection, and its associated groin scarring are granted.

The Veteran's death was not caused by any service-connected condition, and the appellant does not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318.

The Veteran's appeal is being remanded for additional development, including obtaining relevant Social Security Administration records.

The Board denied the Veteran's claims for service connection for a right ankle strain, PTSD, and degenerative disc disease at L5-S1 level. The Veteran was also denied a compensable rating for an appendectomy scar.

The Veteran's service-connected disabilities are not shown to be productive of a disability picture that precludes him from securing and following some form of substantially gainful employment.

The Board has denied the Veteran's claim for automobile and adaptive equipment or for adaptive equipment only as his service-connected disabilities do not meet the criteria for this benefit.