Scars decisions — 2010

The Veteran's appeal was denied for increased ratings and a TDIU rating due to his service-connected disabilities. The PTSD, right inguinal hernia scar, and two missile injury scars were all rated at the maximum allowable under VA regulations.

The Veteran's claims for increased evaluations of his left ankle, right knee, and right knee disabilities have been denied as the evidence does not support a higher evaluation based on current symptoms.

The Board has dismissed the Veteran's claims due to his withdrawal of the issues concerning increased evaluations for the scar residuals of a splenectomy and recurrent ganglion cyst.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to lack of permanent and total disability, blindness in both eyes, or anatomical loss or loss of use of both hands.

The VA determined that the Veteran's left leg laceration scar does not meet the criteria for a higher than 10 percent rating, as it is superficial and does not cause limitation of motion or associated loss of function.

The Veteran's claim for an increased rating in excess of 10 percent for his right knee injury was denied. The Board found that the evidence did not meet the criteria for a higher rating, and he is currently rated at 10 percent for this disability.

The Veteran's muscle group VII (left forearm) injury and associated scar have been rated at 20 percent since September 13, 2010.

The Board found that the Veteran's neck, thoracolumbar spine, and left leg disabilities were not incurred or aggravated by service. The evidence did not establish continuity of symptomatology since service.

The Veteran's appeal is being remanded to determine if there are additional disabilities related to the laceration wound to his left forearm, including muscle and/or nerve disabilities.

The Veteran's service-connected disabilities of residuals of a fracture to the right middle finger and scar associated with fractured right middle finger are combined rated as 20 percent disabling, which is sufficient for TDIU.

The Veteran's appeal is being remanded for further development to determine if his service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Veteran's claims for higher ratings and earlier effective dates were denied as there was no legal basis for an earlier effective date, and the current ratings are within the applicable criteria.

The Board has remanded the case for additional development, including obtaining private medical records and scheduling a hearing before RO personnel. The Veteran's claims for increased ratings for his acquired psychiatric disorder and residual scar from a laceration of the scrotum are pending.

The Board found that the Veteran's service-connected PTSD did not substantially and materially contribute to his death from myocardial infarction. The medical opinions were inconclusive, with some suggesting a possible link but others finding it speculative.

The Veteran's service-connected residuals of a gunshot wound to the left foot and scar from a gunshot wound to the left buttock are currently rated as 10 percent disabling. The Board granted an increased rating for the left foot, but denied an increase in the noncompensable rating for the left buttock.

The Board denied the appellant's claim for an increased disability rating in excess of 10 percent for his service-connected facial scar, finding that it did not meet the criteria for such a rating.

The Veteran's service-connected disabilities do not meet the threshold minimum rating requirements for a TDIU on a schedular basis and do not preclude him from obtaining and maintaining substantially gainful employment.

The Veteran's claims for increased ratings for his low back disability, right foot disorder, right foot scar, and GERD were denied. The evidence did not meet the criteria for higher ratings under applicable diagnostic codes.

The Veteran's service-connected conditions do not meet the schedular criteria for a TDIU, but his unemployability due to PTSD is supported by evidence indicating he cannot secure or follow a substantially gainful occupation. The case is referred to the Director of Compensation and Pension Service for extra-schedular consideration.

The Veteran's appeal is remanded for additional development, including a VA examination and the provision of any necessary medical records.