Scars decisions — 2012

The Veteran's service-connected disabilities, including his lower extremity and neurological conditions, effectively result in the loss of use of his left lower extremity together with residuals of organic disease which so affect the functions of balance or propulsion that he is precluded from locomotion without the aid of a cane. His claim for specially adapted housing assistance is granted.

The Veteran's service-connected scars from shrapnel wounds to the right lower extremity have been rated as noncompensable since August 1, 2000. The Board finds that his current disability does not meet or approximate the criteria for a compensable rating under any applicable diagnostic code.

The Board has determined that the appellant meets the criteria for special monthly compensation based on loss of use of both legs, and grants this benefit.

The Veteran's service-connected bilateral inguinal hernias and associated scars were denied initial compensable ratings.,There is no evidence of recurrent or current bilateral inguinal hernias, and the scars are not painful.

The Veteran's service-connected disabilities do not meet the criteria for a certificate of eligibility for assistance in acquiring specially adapted housing or a special home adaptation grant due to her combined disability rating and other compensations.

The Veteran's service-connected diverticulosis and status post bilateral inguinal hernia repair with residual scar are both rated at the minimum compensable level (10%).

The Veteran's appeal is being remanded for a VA examination to assess the current severity of his service-connected back and buttocks scar. The issue will be reconsidered after this additional development.

The Veteran's service-connected disabilities do not preclude her from securing or following a substantially gainful occupation.

The Veteran's claim for an earlier effective date for a TDIU rating was denied as there is no evidence that he was unable to secure or follow substantially gainful employment prior to January 13, 2005.

The Veteran's service connection claim for a left groin disorder is granted, and his claims for higher ratings for other service-connected disabilities are remanded.

The Veteran's claims for service connection and increased ratings were granted, but the effective dates are not specified. The Veteran is entitled to service connection for urticaria of the upper and lower lips, a cesarean section scar, and gastroesophageal reflux disease (GERD). Increased ratings have been assigned for these conditions.

The Veteran's appeal is being remanded due to the need for additional development, including a new VA examination and adjudication of related secondary service connection claims.

The Board has determined that the Veteran's claim for TDIU requires additional development, including obtaining an updated VA examination to assess his employability due to his service-connected disabilities.

The Veteran's adhesive capsulitis and surgical scars of the right shoulder were granted increased ratings, with a 40% rating for adhesive capsulitis effective March 4, 2011.

The Veteran's initial evaluation for his right inguinal hernia repair was granted at a 10 percent rating, effective June 25, 2008. The Board found the Veteran is not entitled to an increased evaluation as he does not meet the criteria for a higher evaluation under the applicable diagnostic codes.

The Veteran's appeal is being remanded for further development to determine if his service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Board has determined that the Veteran's service-connected disabilities, including PTSD and coronary artery disease, have rendered him unemployable since May 2006. As a result, his claim for TDIU is granted.

The Veteran's claims for increased ratings and initial compensable rating were denied. The Board found that the evidence did not support a higher than 10 percent rating for DJD of the right knee, an initial compensable rating for postoperative scar of the right knee from June 26, 2003 to June 27, 2004, and a higher than 10 percent rating for postoperative scar of the right knee since June 28, 2004.

The Board found that the Veteran's current diagnoses of residual colostomy disorders were not caused by VA carelessness, negligence or similar instance of fault. The evidence did not support a finding that these conditions resulted from an event not reasonably foreseeable in furnishing his medical treatment.

The Veteran's appeal is being remanded to obtain additional medical records and for a VA examination. The issues on appeal are whether he is entitled to a temporary total rating based upon convalescence from March 2008 cervical spine surgery, and whether he is unemployable due to his service-connected disabilities.