Scars decisions — 2011

The Veteran's service-connected disabilities do not render him unemployable, and the Board finds that he is not entitled to a TDIU.

The Veteran's claim for an increased rating for residuals of recurrent pilonidal cysts was granted, while his claim for a compensable evaluation for service-connected residuals of left herniorrhaphy was denied. The decision is mixed as it addresses both conditions.

The Veteran's right wrist disability is not service-connected, as there is no evidence of a current condition or in-service injury. The left eye corneal scar does not result in decreased visual acuity to warrant a compensable rating.,The postoperative left knee meniscal tear resulted in pain and occasional instability but did not meet the criteria for an initial 10% disability rating from August 2009 onwards, nor higher than 10% from February 2009 onwards. The lumbar spine DJD met the criteria for a 20% disability rating since February 2009.

The Veteran's left foot surgical scars are not rated as painful or unstable, and do not meet the criteria for any higher ratings under either the old or revised VA rating criteria. Therefore, his claim for a compensable disability rating is denied.

The Veteran's claim for an increased rating for a scar as a residual of a shell fragment wound to the left knee was denied by the RO. The Board is remanding the case for further development, including obtaining VA treatment records and arranging for a VA examination.

The Board has determined that the Veteran's claimed scar of the neck and cervical spine disabilities are not service-connected as they were not incurred or aggravated during his period of active military service.

The Board found no evidence to support the Veteran's claims for service connection for Hashimoto's disease, systemic candidiasis, and a disability manifested by miscarriages and infertility. The conditions were not shown to have been incurred or aggravated during active duty.

The Veteran's service connection claim for bilateral hearing loss is dismissed. The Board grants service connection for burn scars of the neck and left arm and axilla, finding that they were aggravated in service. Service connection is also granted for a chronic neck disorder (cervical dystonia torticollis and degenerative arthritis) as it was caused by the aggravation of pre-existing scar tissue during service. The claim for an acquired psychiatric disorder (depression) remains pending.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and providing the Veteran with new VA examinations to address the nature and etiology of his claimed conditions.

The Veteran's initial claim for a higher rating for his left forearm scars has been granted, with separate evaluations of 10 percent each. The Veteran also received a separate evaluation of 10 percent for the anterior forearm scar.

The Board found no evidence of a head injury in service and denied the claim for service connection. However, the Veteran's residual scar was granted as it is considered a direct result of his military service.

The Veteran's service-connected disabilities, particularly his low back, left knee, and left shoulder conditions, prevent him from continuing in his position as a machinist due to their severe effects on his ability to work. The Board finds that the cumulative effect of these disabilities makes it impossible for the Veteran to secure or follow substantially gainful employment.

The Veteran's service-connected disabilities, including PTSD with depression, bilateral hearing loss, tinnitus, and scars, render him unable to secure or follow substantially gainful employment.

The Board has remanded the case for additional development, including obtaining VA treatment records and Social Security Administration (SSA) records. A medical opinion is also required to determine whether any of the Veteran's service-connected disabilities contributed substantially or materially to cause his death.

The Veteran's service-connected disabilities do not prevent him from obtaining or retaining substantially gainful employment.

The Veteran's service-connected conditions did not cause or contribute to his death. The Board found that the Veteran's cerebrovascular accident, congestive heart failure, and atrial fibrillation were unrelated to any of his service-connected disabilities.

The Veteran's right eye retinal hole with chorioretinal scarring and onychomycosis were evaluated, but neither condition met the criteria for a compensable rating. The current noncompensable ratings are appropriate.

The Veteran requested to withdraw his appeal for the issues of entitlement to higher initial evaluations for his scar on the left shin and for PTSD. As a result, these issues are dismissed.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled Travel Board hearing. He will be given another opportunity for such a hearing before the Board.

The Board found that the May 1970 rating decision incorrectly assigned a single 10% rating for three separate scars of the left hand. The December 2008 rating decision correctly implemented this by assigning three separate 10% ratings effective from April 30, 1970.