Scars decisions — 2011

The Veteran sustained a left eye injury prior to service and the resultant disability was not aggravated by his active military service.

The Veteran's appeal is being remanded due to the need for additional examinations and development of his claims, including a TDIU claim.

The Veteran's appeal is remanded due to the need for further examination and consideration of his claim for a total disability rating based on individual unemployability. The RO must obtain medical records, schedule the Veteran for an examination, and consider all evidence in deciding his claim.

The Veteran's postoperative lower back scar is rated at a noncompensable level, but the Board has determined that it warrants a 10 percent rating based on its symptoms of occasional itching and application of lotion.

The Veteran's service-connected thyroidectomy for goiter with residual scar has been rated at 20 percent effective August 1, 2007.

The Veteran's claim for special monthly pension based on aid and attendance of another person is granted, as he meets the criteria for housebound status due to his age and multiple non-service connected disabilities rated at least 60 percent combined.

The Board found that the reductions in ratings for cervical spine degenerative disc disease, right C6 radiculopathy, and a cervical spine fusion scar were proper based on improvement in the Veteran's conditions.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities was denied as his service-connected conditions alone do not preclude him from securing or following substantially gainful employment.

The Veteran's appeal is remanded for a new examination to assess the severity of his residuals from MALT lymphoma, including any related surgeries. The case will be readjudicated after this additional development.

The Veteran's bilateral hearing loss is rated at 10 percent, and his residual scarring from laceration of the right hand remains at a noncompensable rating. The RO granted both conditions.

The Board has remanded the case for further development, including a VA examination to assess whether the Veteran's service-connected disabilities prevent him from securing and maintaining substantially gainful employment. The claim will be referred to the Director of Compensation and Pension Service if necessary.

The Board found that the Veteran's right knee disability, primarily manifested by arthritis and a scar from surgery, does not warrant a rating in excess of 30 percent.

The Veteran's claim for TDIU is being remanded due to the need for additional development, including a VA examination and completion of a VA Form 21-8910.

The Veteran's service-connected disabilities were continuously rated totally disabling for a period of less than ten years immediately preceding his death. The Board concludes that the requirements for entitlement to DIC under 38 U.S.C. § 1318 have not been met, and the claim is denied.

The Board found that the Veteran's lung cancer was not caused by or related to his service-connected conditions, and therefore denied entitlement to service connection for the cause of death.

The Veteran's combined rating for service-connected disabilities is now at 70%, which meets the schedular criteria for a TDIU rating. The Board has remanded to obtain an opinion on whether his service-connected disabilities, alone or in combination with nonservice-connected disabilities, render him unemployable.

The Veteran's claim for TDIU is being remanded due to the need for additional examinations and development of medical records.

The Board has determined that additional development is needed to address the Veteran's claims for service connection and rating of her disabilities, including a VA examination to determine the etiology of her gall bladder disorder, fatty liver, diabetes mellitus, hypertension, and back/neck pain/headaches.

The Veteran's service-connected stabbing wound scar of muscle group XIX is currently rated at the maximum schedular disability rating, and no higher. The Board finds that a higher rating is not warranted.

The Board has remanded the Veteran's claims due to the need for further development of evidence, particularly regarding his service connection and disability ratings.