Scars decisions — 2011

The Veteran's claims for service connection were denied. The initial compensable rating for the scar was granted, but no other issues were resolved.

The Veteran's death was not caused by a service-connected disability, and therefore the claim for service connection for the cause of death is denied. The appellant does not meet the criteria for benefits under 38 U.S.C.A. § 1318.

The Veteran's appeal was dismissed as he requested the matter be withdrawn and his claims file returned to the RO.

The Veteran's claims for increased ratings and service connection were denied. The Veteran's dorsal left hand scar is rated at the schedular maximum of 10 percent, while his shrapnel injury to left thumb with osteoarthritis was not productive of functional impairment prior to August 24, 2009, but has since been productive of painful motion. Service connection for residuals of right eye injury remains denied as new and material evidence has not been submitted.

The Veteran's service-connected disabilities, including his recently connected right shoulder condition and hearing loss, make it at least as likely as not that he is unable to secure or follow a substantially gainful occupation.

The Veteran's right knee disability, including limitation of flexion and a scar, is currently rated at 10 percent. The Veteran's instability and recurrent subluxation are not service-connected.

The Board has decided to remand the case for further development, including obtaining an opinion from the Chief Medical Director or designee regarding whether the Veteran's right knee brace is necessitated by his service-connected scar and if it tends to wear or tear his clothing.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for examinations to assess his left knee disabilities and neurological condition.

The Board found that the Veteran's iritis and corneal scarring of the left eye have been manifested by pain, swelling, redness, and photophobia; corrected visual acuity impairment, visual field loss, rest-requirements, or episodic incapacity has not been shown. Therefore, an initial rating in excess of 10 percent is not warranted.

The Board denied the Veteran's claims for increased ratings for his service-connected low back strain, right ankle strain, scar of the left index finger, and recurrent idiopathic polycyclic urticaria.

The Veteran's scar of the left upper neck has been rated as 10 percent disabling since January 20, 1956. The Board found that this rating is appropriate based on the evidence showing a painful and superficial scar.

The Veteran's claim for a compensable evaluation for postoperative scar, residuals of thoracotomy was granted. The effective date is not specified as the issue pertains to an existing condition.

The Veteran's degenerative arthritis of the cervical spine was caused by his service-connected residuals of a shell fragment wound to the thoracic spine, and he is granted service connection for this condition.

The Veteran's appeal is being remanded for further development, including a VA eye examination to determine the current severity of his service-connected eye disability and whether he is unemployable due to his disabilities.

The Veteran's service-connected disabilities, which include major depressive disorder and multiple joint issues, have rendered him unable to secure or follow a substantially gainful occupation as of June 1, 2008. The Board has determined that he meets the criteria for a TDIU effective from this date.

The Veteran's service-connected disabilities, including scars and arthralgia of the right leg, were evaluated. The claim for a higher rating was granted with a disability rating of 10 percent.