Scars decisions — 2012

The Veteran's service-connected knee disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to their severity.

The Board has determined that the Veteran's service-connected right leg amputation contributed substantially or materially to his death, resulting in a finding of service connection for the cause of his death.

The Veteran's claims for service connection for scars of the left and right forearms, as secondary to eczematous dermatitis, have been denied.

The Veteran seeks service connection for the residuals of a nose injury, including nasal and sinus conditions. The RO has already granted service connection for the scar. Further development is needed to obtain medical records from his family physician.

The Veteran's service-connected residuals of a fracture to the right cheek bone with scar are rated at 30 percent, which is the maximum schedular rating available under DC 7800.

The Board found that the Veteran's current residuals of a head injury, including headaches, are not related to service or caused by his service-connected right eye disability.

The Veteran's appeal is denied as his scar of the head does not warrant a rating in excess of 10 percent, and service connection for MRSA and bilateral hearing loss are also denied.,Service connection for MRSA was denied because it was not incurred or aggravated by active service. The Board found that there is no evidence to support a finding that MRSA is related to the Veteran's service-connected tinea pedis with onychomycosis.

The Board has determined that the Veteran's death was not caused by or a result of his service-connected disabilities, and therefore denied DIC benefits under 38 U.S.C.A. § 1318.

The Veteran's TDIU claim is being remanded for additional development, including obtaining SSA records and VA treatment records from April 2011. The Veteran will also be asked to provide information about his employment since 2004.

The Veteran's service-connected residuals of a gunshot wound to Muscle Group XIX are currently rated at 30 percent, and the claim for an increased rating is granted. A separate 10 percent rating is assigned for scarring of the abdominal region. The issue of TDIU from October 28, 2005 remains unresolved.

The Board finds that the compensation payments provided as a result of an August 2007 rating decision were proper, based on VA records showing a due and paid audit in July 2008.

The Veteran's claims for effective dates prior to April 27, 2005 for service connection of PTSD and bladder drain scars have been granted. Service connection was established for PTSD and bladder drain scars with a non-compensable evaluation as of April 27, 2005.

The Veteran's initial claim for a higher rating for his service-connected left leg injury was granted, with an effective date of June 19, 2006. The TDIU claim was also granted.

The Board has determined that the Veteran's bilateral hearing loss is a result of service, and therefore grants service connection for this condition.

The Veteran's service-connected disabilities do not meet the percentage threshold requirements for a total disability rating based on individual unemployability, and his claim is denied.

The Board has remanded the Veteran's claims for an extraschedular rating for PTSD and TDIU due to service-connected disabilities. The case is now pending with the RO for further development.

The Veteran's claim for a TDIU has been remanded due to the need for additional development and examination. The Board will consider whether his service-connected disabilities render him unemployable.

The Veteran's tinnitus is service connected and a higher rating is granted.,For the left leg scar, no increase in rating is warranted as it does not cause any limitation of motion. For the left buttock scar, no compensable rating is assigned due to lack of limitation of motion. The right forearm muscle disability with numbness alone does not warrant a 20% rating.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the nature and severity of his left elbow scars. The case will be re-adjudicated after this development.

The appellant's claim for an increased evaluation of degenerative disc/joint disease, status post laminectomy with residual scar is denied due to his failure to report for a VA medical examination scheduled in February 2011.