Scars decisions — 2010

The Veteran's service-connected scar, which is inferior to the right mandible and measures 1/2 inch by 1/8 inch, does not meet the criteria for a higher disability rating as it does not demonstrate visible or palpable tissue loss and either gross distortion or asymmetry of one feature or paired set of features (nose, chin, forehead, eyes (including eyelids), ears (auricles), cheeks, lips).

The Veteran's PTSD and service-connected wounds to his buttocks prevent him from engaging in substantially gainful employment.

The Veteran's claim for a TDIU on an extraschedular basis has been remanded due to the need for further development and consideration by the Director of Compensation and Pension Service.

The Veteran's residual laceration scar of the left upper lip is currently evaluated as 10 percent disabling and does not meet the criteria for a higher rating.

The Board has determined that the Veteran's service-connected left middle finger scars do not warrant a compensable evaluation, as they are superficial and stable with no associated underlying soft tissue damage or limitation of motion.

The Veteran's Alzheimer's disease is not found to be secondary to his service-connected PTSD. The Board also determined that the Veteran does not meet the criteria for special monthly compensation based on need for regular aid and attendance or being housebound.

The Board has determined that a remand is necessary to determine if the Veteran's service-connected disabilities meet the criteria for specially adapted housing or a special home adaption grant due to worsening of his conditions since his last examination in June 2006.

The Veteran's claims for service connection for right ear hearing loss and cold weather injuries were denied. The Veteran's residual pilonidal cyst scar was evaluated as noncompensable under the old rating criteria.

The Board granted a rating of 20 percent for the Veteran's scars, effective October 23, 2008. The scars are tender and painful on objective demonstration.

The Board denied the Veteran's claims for service connection for postnasal fracture with scar, speech disorder, and allergic rhinitis due to lack of evidence showing a causal relationship between these conditions and his military service.

The Board has granted an effective date of April 18, 2007 for the award of a total rating based on individual unemployability (TDIU). The Veteran's claim was filed on this date.

The Veteran is seeking a total disability evaluation based on individual unemployability due to service-connected disorders prior to October 25, 2006. The Board has remanded the case for further development and consideration.

The Veteran's service-connected disabilities, including mood disorder, diabetes mellitus, hepatitis C, bilateral pes planus, and an abscess scar, precluded him from securing or following a substantially gainful occupation prior to July 24, 2009.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess his need for aid and attendance.

The Veteran is granted entitlement to payment or reimbursement for services performed in May 2007 on the air conditioning system of his 2000 Chevrolet Impala, as these services were deemed necessary due to a leak and required repair.

The Veteran's claims for a higher rating for his lumbosacral strain and for TDIU are being remanded due to the need for additional development, including medical examinations.

The Veteran's claims for increased ratings and service connection were denied. The appellant seeks benefits based on the Veteran's death, but the evidence at the time of his death did not meet the criteria for a higher rating or service connection.

The Veteran's claim for additional disability as a result of VA plastic surgery in February 2006 is denied. The Board found no evidence of an additional disability resulting from the surgery.

The Veteran's death was not due to his own willful misconduct. However, the appellant is not eligible for DIC benefits under 38 U.S.C.A. § 1318 because he did not have a service-connected disability rated as totally disabling for at least ten years immediately preceding his death.

The Board has granted service connection for keloid scars on the chest, finding that they were incurred in service. Service connection for a low back disability was denied as there is no evidence of such condition during service or within one year after discharge.