Scars decisions — 2012

The Board has granted a TDIU rating based on the Veteran's service-connected PTSD and other disabilities, finding that his mental health conditions make it impossible for him to secure or follow substantially gainful employment.

The Veteran is entitled to compensation for an abdominal scar resulting from complications of a June 2001 colonoscopy performed at the Atlanta VAMC, but not for hepatitis B and C.

The Board has determined that further development is needed for both claims, including obtaining additional VA medical records and providing the Veteran with a VA examination to assess his employability. The case will be referred to the Director of Compensation and Pension Service for extraschedular consideration if necessary.

The Board has granted service connection for tinnitus, finding that the Veteran's credible account of its onset in service is consistent with his combat status and entitlement to consideration under 38 U.S.C.A. § 1154(b).

The Veteran's appeal for a total disability rating due to individual unemployability (TDIU) is being remanded for additional development, including obtaining his vocational rehabilitation records and Social Security Administration records. He also needs an updated VA examination.

The Board has remanded the case for further development, including a VA examination to determine if the appellant's caesarian scar was aggravated by service. The remaining claims of entitlement to service connection for sacroiliitis and an adjustment disorder with depressed mood are inextricably intertwined with the issue of entitlement to service connection for a caesarian scar.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected gunshot wound residuals and right posterior thigh scar. The initial ratings for bilateral hearing loss are also being addressed.

The Veteran's service-connected conditions exceed the requirements for SMC at the rate specified under 38 U.S.C.A. § 1114(l) but do not approximate the criteria for SMC at the rate specified under 38 U.S.C.A. § 1114(m). The Board has determined that the Veteran is entitled to a higher rate of SMC based on his service-connected conditions.

The Veteran's claims for increased initial disability ratings for residuals, shell fragment wound, left wrist/hand and corneal scar of the left eye have been denied as his conditions do not warrant a higher evaluation under applicable rating criteria.

The Veteran withdrew his appeal regarding the issue of entitlement to an initial disability rating in excess of 30 percent for residuals, plastic surgery for facial scars, postoperative.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the evidence did not support a grant of service connection or higher initial ratings.

The Veteran's service-connected disabilities, including amputation of the left lower extremity and other conditions, require regular aid and attendance. The case is being remanded for further review.

The Board is remanding the case to obtain additional treatment records from Walter Reed Army Medical Center for the period January 1, 1957 to March 13, 1958. The Veteran's claim will be readjudicated based on this new evidence.

The Board found that the Veteran's post-operative right inguinal hernia is healed and non-symptomatic, with no current hernia present. The VA examination in August 2006 showed a healed scar without keloid or adhesion.

The Board has determined that further examination and opinion are needed to properly adjudicate the Veteran's claims for service connection of bilateral hearing loss, tinnitus, inguinal hernia and its residuals, and residual scarring due to inguinal hernia repair.

The Veteran's PTSD is currently rated at 30 percent, which is the maximum schedular rating for this condition. The residuals of a stab wound to the right arm do not meet the criteria for a compensable rating. A scar on the neck was found to be unrelated to service.

The Board has determined that the Veteran's current breathing problems and pulmonary function issues are related to his COPD, not to the residuals of the service-connected disability. The only current identifiable residual of the inservice pneumonia and pleural effusion is a deep and dimpled surgical scar on the left lateral chest. Therefore, a 10 percent evaluation for this scar is granted.

The Veteran's current left foot disability, including residuals of a left foot injury with second and third toe scars and partial amputation of the second terminal phalanx, is found to be related to his active duty service. Service connection for this condition is granted.

The Veteran's claim for service connection for residuals of an insect bite, claimed as a tender scar, is being remanded due to the need for additional development and examination.

The Veteran's service-connected disabilities, including coronary artery disease and degenerative disc disease of the lumbar spine, are found to render him unable to secure or follow substantially gainful employment. The case is REMANDED for further examination and consideration.