Scars decisions — 2011

The Veteran's appeal is for a higher disability rating for his service-connected residuals of right pneumothorax, post operative thoractomy with scar. The RO has determined that the issue should be remanded due to potential changes in severity since the last VA examination.

The Veteran's claims for increased ratings and service connection were denied. The left knee disability was rated at 30 percent after May 2000, while the lumbar spine disability received a staged rating of 40 percent. Service connection for a left ankle disorder was not granted.

The Board has determined that the Veteran's vocational rehabilitation training at INSEAD in France was unique and not available in the United States, preventing him from attending due to personal hardship. The criteria for vocational rehabilitation training outside the United States have been met.

The Veteran's claim for an initial rating higher than 20 percent for a residual burn scar on the posterior thorax is being remanded due to the need for another VA examination to reassess the severity of the disability.

The Veteran's scar on his left wrist is currently rated at 10 percent, and the Board finds no basis to grant a higher rating based on current evidence.

The Board denied the Veteran's claims for increased ratings for his service-connected biopsy scars of the left thigh, left gastrocnemius, and right gastrocnemius. The evidence did not show that any of these conditions were due to exposure to burn pits, Agent Orange, Camp Lejeune, radiation, or Gulf War Syndrome.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, warranting a total disability rating based on individual unemployability.

The Veteran's unauthorized medical expenses incurred at Cedar County Memorial Hospital on April 27, 2009 were not reimbursable because VA facilities were feasibly available and an attempt to use them beforehand would have been reasonable.

The Board has dismissed the appeal due to the Veteran's death, and no decisions were made regarding service connection claims.

The Veteran's service-connected disabilities (right knee arthritis, quadriceps atrophy, painful scars of the right knee, and shortening of the lower extremity) are sufficient to render him unemployable without regard to advancing age.

The Veteran's appeal is being remanded for further development, including VA examinations to determine the nature and etiology of his low back disability, current severity of his service-connected left thumb scar and digital nerve damage, and current severity of his bilateral hearing loss. The Veteran also requested a Travel Board hearing.

The Veteran's appeal was denied as her service-connected herpes and pilonidal cyst scar did not meet the criteria for higher ratings. Her initial rating for herpes remains at 10 percent, while her pilonidal cyst scar continues to be rated noncompensable.

The Veteran's lung disorder, including pneumonia and emphysema, was not incurred or aggravated by service. The Board found no chronic symptoms of a lung disorder during service or after separation from active duty. The lung disorder is presumed to be due to herbicide exposure in Vietnam.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for a burn scar on the right leg. The Veteran's pre-existing burn scar did not undergo an increase in severity beyond normal progression during military service.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for further development, including the provision of an updated VA examination and readjudication.

The Veteran died from cardiopulmonary arrest probably secondary to acute myocardial infarction. His service-connected disabilities did not cause or contribute substantially to his death.

The Veteran's left lower extremity disability, including his left foot and left ankle/Achilles tendon disability, was rated at 10 percent prior to October 4, 2010. From that date, the rating was increased to 20 percent. The scar of the right infra-scapular area was also rated at 10 percent prior to October 4, 2010.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA scars examination to consider the amended rating criteria for scars.

The Veteran's claim for an earlier effective date of November 26, 1973, for the assignment of a 10 percent rating for his service-connected scars from residuals of a shell fragment wound to the left thigh is granted.