Scars decisions — 2011

The Veteran's service-connected disabilities do not render him totally unemployable, as he is capable of securing and following a substantially gainful occupation.

The Veteran's low back disability, which includes a scar from his lumbar fusion surgery, was initially rated at 10 percent prior to September 3, 2009. The VA determined that the Veteran's range of motion during this period did not warrant an increased rating beyond 20 percent.

The Veteran's claims for increased ratings for his left ankle disability, scar, and numbness of the peroneal nerve have been denied as there is no evidence of marked limitation of motion or other factors warranting a higher rating.

The Veteran's appeal for service connection on all issues except arteriosclerotic heart disease (coronary artery disease) is dismissed. The Board finds that the Veteran has coronary artery disease, presumed to have been incurred due to herbicide exposure during his Vietnam service.

The Board denied the Veteran's claim for service connection for a left inguinal scar, finding that there was no evidence of a current disability and noting that the Veteran refused to undergo an examination. The preponderance of the evidence did not support the claim.

The Veteran's service-connected scars of the chin and left ear canal have been granted a higher rating, with effective from April 13, 2004.

The Veteran's claims for increased ratings are being remanded to allow for further examination and consideration of his service-connected disabilities.

The Veteran's claims for service connection are being remanded due to the need to determine whether his National Guard service was federal or state in nature. The hearing loss disability claim is also being remanded as a new opinion is required from a VA audiologist.

The Veteran's claims for increased ratings of her knee disabilities and reopening of service connection claims have been adjudicated. The right knee scar is rated as non-compensable prior to December 30, 2008, but the Veteran has not appealed this decision. Other claims are pending.

The Veteran's skin disorders were not shown to be related to service, including exposure to herbicides. The Board found the medical evidence against the claim and denied it.

The Veteran's service-connected right Achilles tendon repair with osteoarthritis, calcaneal spur, and healed right posterior ankle scar is shown to have been manifested by complaints of pain following heavy or prolonged use prior to July 20, 2009. The RO assigned a 10 percent rating for this period.

The Board has determined that there is no competent medical evidence linking the Veteran's claimed disabilities to his military service, and thus denied all of his claims for service connection.

The Veteran has a combined disability rating of 70 percent with one disability rated at least 40 percent disabling. However, he is employed as a full-time pool maintenance technician and misses approximately three weeks of work per year due to his service-connected disabilities.

The Veteran's TDIU claim is being remanded for further development, including obtaining medical opinions on his employability given his service-connected disabilities and level of education.

The Veteran's cause of death, a cerebral vascular accident (CVA), is not related to his service or any service-connected disability. The appellant was granted TDIU benefits for accrued purposes based on her husband's pending claim at the time of his death.

The Board has reopened the Veteran's claim for service connection for residuals of left orchiopexy, left testicle pain and scarring. The evidence received since the July 1996 denial is new and material, raising a reasonable possibility of substantiating the claim. Service connection is granted.

The Veteran's appeal is being remanded to obtain additional medical records and to schedule her for a VA examination. The claims will be returned to the Board only if she perfects her appeal.

The Veteran's claim for a TDIU due to service-connected disabilities is being remanded as the Board needs additional information regarding his employability and the combined effect of all his service-connected conditions.

The Veteran's appeal is being remanded for further adjudication of his claims regarding effective dates and CUE in rating decisions.

The Veteran's appeal is remanded for additional development of evidence, including obtaining VA vocational rehabilitation records and Social Security Administration disability determination records. The case will be adjudicated again after all necessary steps are taken.