Scars decisions — 2011

The Veteran's TDIU claim was denied as his service-connected disabilities are not severe enough to prevent him from securing and following a substantially gainful occupation.

The Board has remanded the case for further development due to incomplete service treatment records and other issues.

The Board has determined that new and material evidence has not been submitted to reopen the claims for service connection for bilateral retinal vasculitis with glaucoma, shrapnel wounds of the neck, and shrapnel wounds of the right shoulder.,Service connection is denied as there is no competent medical evidence linking any current disabilities to service.

The Veteran's cervical spine scar does not meet the criteria for a compensable rating, and his lumbar spine conditions do not warrant an increased disability rating.

The Board has denied the Veteran's claims for earlier effective dates and service connection, finding that the RO did not commit CUE in its September 1953 decision which continued an initial 50 percent disability rating for gunshot wound residuals of the right lateral thigh and right lower buttock. The Veteran is also denied a higher initial rating for his anxiety disorder.

The VA determined that the Veteran's service-connected disabilities do not render him unemployable, as he is capable of maintaining gainful employment despite his age and physical limitations.

The VA determined that the Veteran's current emphysema is not related to his military service, including exposure to herbicides or as secondary to a service-connected disability.

The Veteran's claims for increased ratings for her right shoulder surgical scar and right thumb disability were denied. The Board found that the evidence did not support a higher rating based on current symptomatology.

The Veteran's shell fragment wounds and burn scars do not meet the criteria for a compensable rating under VA disability evaluation criteria.

The Veteran's appeal is remanded due to the need for a new VA examination and additional treatment records.

The Veteran's service-connected scar of the right chest and muscle injury to Muscle Group II have not been found to warrant a higher disability rating. The claims for increased ratings were denied.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim of service connection for residuals of a right eye corneal abrasion. The previous denial was based on lack of pathology found in the eyes, and no residual disability due to in-service event.

The Veteran's combined rating of 20 percent due to service-connected intercostal nerve entrapment neuralgia, the residual of a partial nephrectomy, and scar, status post nephrectomy, does not meet the criteria for a TDIU. However, he is unable to secure or follow substantially gainful employment due to his service-connected disabilities.

The Board has remanded the Veteran's claims for additional development and due process concerns, including scheduling a hearing before a Veterans Law Judge at the RO.

The Veteran's service-connected scar, status post subcutaneous mastectomy, is rated at a 10 percent disability rating. The Veteran has a deep and painful scar that causes occasional pain during use of the arm but does not cause functional impairment of the shoulder or arm.

The Veteran's third degree burn scar of the right lateral thigh measures no more than 45 square inches and is not considered deep or causing limited motion, thus warranting a 20 percent disability rating.

The Veteran's claims for service connection and increased ratings have been granted, with the exception of his request for a TDIU. The conditions are related to his active military service.

The Board has granted service connection for residuals of left rib fractures and scars on the back and torso. The Veteran's TBI with cognitive deficits is rated at 70 percent, effective prior to January 27, 2009. The rating for bilateral pes cavus, DJD of great toes, Morton's neuroma, and hallux rigidus post surgical remains unchanged.

The Veteran is seeking an earlier effective date for the grant of service connection for macular scars of the eyes, and also raises claims regarding clear and unmistakable error in previous decisions. The case must be remanded to address these issues.

The Veteran's right foot laceration scar has been rated as non-compensable throughout the appeal period due to its lack of tenderness, adherence, and interference with function. The RO found no basis for a compensable rating.