Scars decisions — 2011

The Veteran is seeking an earlier effective date for the award of a separate compensable rating for residual scars of service-connected residuals of laparotomy for duodenal ulceration and also challenges the September 1986 rating decision that did not grant a separate compensable rating for scars as residuals of a laparotomy. The Board has determined these issues are inextricably intertwined and must be remanded to the RO.

The Veteran's claims for an effective date before December 18, 2006, for the grant of service connection for major depressive disorder and bony exostoses in upper sternotomy scar were denied as there was no pending claim or informal claim prior to that date.,The effective dates for both conditions cannot be earlier than December 18, 2006, due to the one-year rule after separation from active service.

The Veteran's service-connected post-operative right knee disability with moderate diffuse osteoporosis and scar has been rated at 10 percent since the initial grant of service connection. A separate 10 percent rating for instability is granted.

The Veteran's residual scar from removal of lipoma from his right upper back is rated as 20 percent disabling, effective date not specified. The Board granted service connection for a cervical spine disorder (claimed as an upper back disability).

The Veteran's service-connected disabilities, alone, do not render him unable to care for his daily needs or protect himself from the hazards incident to his environment. Therefore, he does not meet the criteria for SMC based on need for regular aid and attendance of another person.

The Veteran's PTSD is currently rated at 50 percent, and the claim for a higher rating was denied. The residual scarring above his left eye was not found to be service-connected.

The Veteran withdrew his appeals on all issues related to the initial evaluations for generalized anxiety disorder and major depressive disorder, a scar of the dorsum of the left hand, and chronic sinusitis.

The Veteran's death was not due to a service-connected disability, as his disabilities were rated at 90% combined and he did not meet the duration requirements for DIC benefits under 38 U.S.C.A. § 1318.

The Board has determined that the Veteran does not have a current left knee disorder or left knee scars, and thus service connection for these conditions is denied.

The Veteran's multiple service-connected disabilities render him unable to secure or follow a substantially gainful occupation, including a sedentary occupation, consistent with his education and occupational background.

The Veteran's claims for increased ratings for erectile dysfunction and residual scars of the left lower extremity were denied as there was no evidence of deformity or instability warranting a compensable rating under applicable diagnostic codes.

The Veteran's service-connected appendectomy scar and left knee disability were evaluated, but the claims for increased ratings were denied as there was no evidence of compensable limitation of motion or instability.

The Veteran's shell fragment wound scars of the left lower extremity are rated at 10 percent, while his bilateral hearing loss is rated as Level II prior to May 8, 2007. The claim for service connection for a low back disorder has been reopened due to new and material evidence, but no final decision on this issue has been made.

The Board has remanded the case due to incomplete medical records and a need for an examination by a pulmonologist or internal medicine doctor. The appellant is seeking compensation under 38 U.S.C. § 1151 for COPD and lung scarring, which he claims resulted from inadequate VA treatment in May 2008.

The Veteran's service-connected disabilities, including the residuals of a lung injury and PTSD, are shown to prevent him from securing and following substantially gainful employment. The Board has granted TDIU by reason of these service-connected conditions.

The Veteran's appeal is being remanded for additional development to obtain medical records and provide a VA examination to determine the nature and etiology of her claimed disabilities.

The Veteran's service-connected disabilities, including multiple neuromuscular injuries and diabetes mellitus, severely impair his ability to engage in substantially gainful employment. The Board grants entitlement to TDIU.

The Veteran's service-connected disabilities, including diabetes mellitus and arthritis of both knees, were rated at 100% disabling prior to his death in March 1998. The Board found clear and unmistakable error in the January 1986 decision that denied a total disability rating based on individual unemployability due to service-connected disabilities, as it did not consider the Veteran's combined disability rating at the time of his claim in 1985.

The Veteran's initial claim for an eye disability was granted, but the Board found that his current condition does not meet or approximate the criteria for a compensable rating. The issue of reopening his neck disorder claim has been reopened due to new and material evidence being submitted.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied because there is no competent evidence to show that the additional disabilities she suffers are caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA when conducting her June 1997 breast reduction surgery.