Scars decisions — 2012

The Veteran's claims for increased ratings and TDIU have been denied. The VA examiner found that the right knee scar did not meet criteria for a separate rating prior to March 24, 2012, and from March 24, 2012 onwards, it does not warrant a higher than 10 percent rating.

The Veteran's service-connected disabilities do not meet the criteria for certification for automobile and adaptive equipment or adaptive equipment only due to his inability to use his lower extremities, despite having significant disability.

The Veteran's claims for increased ratings were denied. The anxiety disorder was rated at 50% since September 10, 2010, and the residuals of resection of the distal clavicle of the right (major) shoulder, patellofemoral syndrome of both knees, and forehead scar as a residual of a head injury were all rated at 10%. The Veteran was not granted any additional ratings for these conditions.

The Board denied the Veteran's claims for increased ratings and service connection for vertigo, finding no evidence of current disability or a causal relationship to his service-connected conditions.

The Veteran's service-connected lung cancer residuals and associated surgical scar are currently rated at the minimum disability rating of 10 percent, which is appropriate given the current clinical findings. The Board finds that a higher initial disability rating is not warranted.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance or being housebound is remanded due to a material change in disability since his last VA examination, and the need for updated treatment records.

The Board has determined that additional records are needed to support the Veteran's claims, including VA treatment records and private medical records from the Hospital of Saint Raphael. The Veteran is also required to be afforded a VA examination for his jaw condition.

The Veteran's appeal includes multiple service connection claims and a challenge to the validity of an overpayment of VA benefits. The Board is remanding the case for further development, including adjudicating whether the underlying debt was validly created.

The Veteran seeks an annual clothing allowance due to service-connected disabilities that require the use of orthopedic devices which tend to wear or tear his clothing. The appeal is remanded for further development, including obtaining a medical opinion from the DOC regarding the impact of the Veteran's orthopedic devices on his clothing.

The Board denied the Veteran's claims of service connection for sinusitis, an initial rating greater than 30 percent for status-post liver transplant with hepatitis C, and earlier effective dates for scar residuals of a liver transplant. The Veteran was granted service connection for bilateral knee disabilities in January 2009 but did not request earlier effective dates.

The Board has determined that an effective date earlier than June 8, 2007 for the award of a total disability rating based upon individual unemployability is not warranted.

The Veteran's right shoulder disability with scar is rated at 30 percent, effective November 5, 2007. His left flat foot remains rated as noncompensable.

The Board has granted service connection for corneal scar left eye secondary to old trauma, but denied service connection for central optic vein occlusion in the left eye causing blindness.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of these claims at this time.

The Veteran's combined disability rating is 80 percent, which meets the schedular requirements for consideration of a TDIU. The Board finds that his service-connected disabilities alone are sufficiently severe to produce unemployability.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing assistance or a special home adaptation grant due to lack of qualifying disability.

The Veteran's claim for an increased rating in excess of 20 percent for his service-connected residuals of injury, right pectoral region resulting in scar and painful limitation of shoulder motion claimed as right brachial plexus injury, right shoulder with residual radial nerve damage, muscle damage, and rotation of the shoulder is being remanded due to the need for additional development.

The Board has determined that new and material evidence was not received to reopen the Veteran's claims of service connection for PTSD, frostbite of the left foot, frostbite of the right foot, and a throat scar. As such, these claims remain denied.

The Board has determined that the Veteran's death was caused by his service-connected psychiatric disability, bipolar disorder with depression. The cause of death was listed as probable cardiac arrhythmia due to an enlarged heart. Given the evidence, including the independent medical evaluation, which concluded that the medications prescribed for his psychiatric condition likely contributed to his death, the Board has granted service connection for the cause of death.

The Veteran's claims for service connection are being remanded due to the need for additional development of medical records and consideration of his claim in light of new evidence.