Scars decisions — 2012

The Veteran's claims for increased ratings for bilateral hearing loss and left shoulder scar have been denied. The Veteran does not meet the criteria for a compensable rating for his service-connected bilateral hearing loss disability, and an initial compensable rating is also not warranted for his service-connected left shoulder scar prior to July 22, 2009 or on and after that date.

The Veteran's service-connected disabilities render him unable to obtain and maintain substantially gainful employment, thus meeting the criteria for a TDIU.

The Veteran's scar of the right dorsal area of the right scapula with retained foreign body is rated at 20 percent, which is in line with the criteria for a moderately severe muscle disability. The initial rating for PTSD remains unchanged.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities was denied as the evidence does not show he is unable to secure or follow substantially gainful employment.

The Board has determined that there is no evidence to suggest that the Veteran's service-connected low back disorders, including her status post L4 laminectomy and partial laminectomy L3 and L4 with lumbar strain, radiculopathy of the left lower extremity, and a residual scar, are not adequately contemplated by the rating schedule. Therefore, an extraschedular evaluation is denied.

The Board has determined that the Veteran's left chin scar warrants a 10 percent rating, effective from the date of his claim.

The Veteran's claim for an initial compensable rating for residuals of a shell fragment wound to the right thigh, including scars and small retained shrapnel, is being remanded for further development.

The Veteran's service-connected disabilities, including her bilateral foot conditions and right thumb injury, are found to be so severe that she is unable to secure or maintain substantially gainful employment. The Board grants the claim for a total disability rating based upon individual unemployability (TDIU).

The Veteran's appeal is remanded for additional development, including obtaining updated VA treatment records and scheduling an examination to assess residual scarring. The claim will be readjudicated based on the new evidence.

The Veteran's claim for an earlier effective date for service connection of a shell fragment wound scar on his left buttock was denied. The RO granted service connection retroactively effective July 25, 2005, but did not consider whether he should have received this benefit in April 1971 when the VA initially considered and granted his claims for other shrapnel wounds.

The Veteran's service-connected disabilities were found to have rendered him unemployable as of April 27, 1999, one year prior to the receipt of his claim for TDIU.

The Board has determined that the Veteran's service-connected disabilities, alone, do not render him unemployable. The Director of Compensation and Pension Service concluded that the Veteran was not unable to secure or follow a substantially gainful occupation as a result of his service-connected disabilities.

The Board has remanded the case for an additional VA medical opinion to address the etiology of the Veteran's left eye disabilities, including legal blindness and a nuclear sclerotic cataract. The claim is currently in remand status.

The Veteran's abdominal scar is found to be due to the treatment he received at a VA medical facility, including gastric bypass surgery, cholecystectomy, hernia repair, and follow-up care. The Board finds that this meets the criteria for compensation under 38 U.S.C.A. § 1151.

The Veteran's claim for an earlier effective date for SMC based on his spouse's need for aid and attendance has been granted, with the effective date set at September 9, 2007.

The Veteran's left wrist disability has been rated at 10 percent since October 1, 2007. The condition is manifested by limited motion and pain.

The Veteran's death was caused by a respiratory infection, with significant contributing conditions including service-connected disabilities. Service connection for the cause of death is granted.

The Veteran's appeals for increased ratings were withdrawn, and his left knee disorder was rated at 30 percent effective January 1, 2010. The rating includes limitation of extension to 30 degrees and instability from January 1, 2010.

The Board denied all of the Veteran's claims, including those for increased ratings for PTSD and shrapnel scars, as well as effective date claims. The VA examinations did not reveal any symptoms or functional impairment related to the service-connected conditions.

The Veteran's combined rating for his service-connected disabilities is 80%, which meets the percentage requirements for schedular TDIU. However, the evidence does not support a finding that he is individually unemployable due to these conditions alone.