Scars decisions — 2012

The Board has determined that the Veteran's small 'L'-shaped scar on his face, which he contends is a residual of an in-service facial injury, meets the criteria for service connection.

The Board has determined that additional development is needed to ensure all relevant medical records are obtained and reviewed, and for the appellant to undergo examinations to assess the severity of his service-connected disabilities. The case will be remanded for these actions.

The Veteran's appeal includes two issues: an increased rating for the service-connected postoperative residuals of a fractured left radius, and an increased rating for the painful scar associated with that condition. The RO granted a 10 percent disability rating for both conditions effective from February 3, 2011.

The Veteran's appeal is remanded to determine if a compensable rating for his service-connected right elbow scar and whether he has a current disability of the right elbow joint that is related to service.

The Veteran's service-connected disabilities do not combine to preclude substantially gainful employment, as his combined rating of 80% does not meet the criteria for TDIU. The VA examiner found that the Veteran is capable of performing sedentary work despite his service-connected disabilities.

The Board has determined that the Veteran's bilateral hearing loss, tinnitus, and residuals of a laceration to the right hand/palm are causally related to his military service. The claim is granted.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disorders is denied. The Board found that the evidence did not meet the criteria for a TDIU as there was no showing of inability to secure or follow substantially gainful employment due to his service-connected disabilities alone.

The Veteran's right hand scar is painful upon examination and superficial, meeting the criteria for a 10% rating under Diagnostic Code 7804.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not meet the criteria for higher ratings or service connection.

The Veteran's right eye disability is currently rated at 40 percent, effective from January 27, 2010. The case is being remanded for further action.

The Board denied an increased evaluation for shrapnel scars of the legs, finding that the Veteran's symptoms did not warrant a rating higher than 10 percent.

The Board finds that the Veteran was not exposed to mustard gas during service, and thus cannot establish service connection for any of his claimed disabilities based on such exposure. The preponderance of evidence does not support a finding of direct service connection either.

The Veteran's service-connected disabilities render him unemployable, and the Board has granted a TDIU based on this.

The appellant's service-connected disabilities do not meet the criteria for a certificate of eligibility for assistance in acquiring an automobile and adaptive equipment or for adaptive equipment only due to his already service-connected conditions.

The Board denied service connection for thyroid and pulmonary disorders due to ionizing radiation exposure during active duty, finding that the evidence did not support a link between the conditions and the Veteran's service.

The Board has determined that the Veteran's mid-line laparatomy scar, status-post splenectomy warrants a 10 percent disability evaluation and denied any higher rating.

The Board has determined that the Veteran does not meet the requirements for financial assistance in the purchase of an automobile and adaptive equipment or for adaptive equipment only due to his service-connected disabilities.

The Board denied the Veteran's claims for increased ratings for his right inguinal hernia scar and left knee sprain, finding that the evidence did not support a rating in excess of 10 percent for either condition.

The Veteran's appeal is being remanded for additional development, including audiometric evaluations and physical examinations to determine the severity of his service-connected left ear hearing loss and right foot disability. The case will be returned to the Board for further consideration.

The Veteran's right ulnar neuropathy is rated at 30 percent disabling, which does not meet the criteria for a higher initial disability rating. The scars of the right forearm and hip do not meet the criteria for separate compensable ratings under current regulations.