Scars decisions — 2013

The Board has determined that the effective date for service connection of a low back disability should be April 29, 2001. The Veteran's claim was pending within one year of his separation from active duty for training in April 2001.

The Veteran is seeking service connection for a lung disorder, including lung scarring and COPD. The Board has determined that additional development is needed to determine if the Veteran's current lung disorders are related to his exposure to Agent Orange during service.

The Veteran's claims for increased ratings for his service-connected knee, lumbar spine, and right shoulder disabilities are being remanded to allow for additional development including scheduling a VA examination.

The Veteran's service-connected disabilities, when considered separately from any unrelated conditions, do not render him incapable of obtaining and maintaining substantially gainful employment.

The Veteran's death was not due to any service-connected disability, and the cause of his death (respiratory distress syndrome) is not presumed to be related to exposure to herbicide agents.,The Veteran did not have a total service-connected disability rating at the time of his death.

The Board found that the Veteran's right eye symptoms and diagnoses during the appeal period were not due to disease or injury incurred in service, and no congenital defect of the right eye was subjected to a superimposed disease or injury resulting in additional disability.

The Veteran's claim for a rating in excess of 10 percent for his residual shell fragment wound scar on the right flank of the lumbar area was denied as there is no evidence that the scar causes any functional limitations.

The Veteran's claim for an initial compensable rating for scars on the ears and face resulting from skin cancer removal is being remanded due to a material change in his disability.

The Veteran's TDIU claim is being remanded for additional development, including a VA examination to assess his ability to secure or follow substantially gainful employment due to his service-connected disabilities.

The Board denied the Veteran's claim for service connection for an eye disorder, including amblyopia and other diagnosed eye disorders. The decision found that the current diagnoses are not eligible for service connection due to lack of a showing of in-service incurrence or aggravation.

The Veteran's claim for TDIU is being remanded due to the need for additional development, including obtaining a VA medical opinion regarding his employability and an examination report from February 11, 2013.

The Board found that the Veteran's death was caused by an accidental overdose of painkillers, unrelated to service or a service-connected disability. Therefore, his cause of death is not service-connected.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling a VA examination to assess the current severity of the Veteran's service-connected disabilities. The issues on appeal include entitlement to increased ratings for neurodermatitis disseminata and fascial defect and anterior medial scar of the right lower extremity with degenerative joint disease.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled hearing. His initial compensable evaluation request for residuals of a crush injury to the left third, fourth, and fifth fingers, including a scar, remains pending.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a new VA examination to assess his employability due to service-connected disabilities.

The Veteran's claim for an initial disability rating in excess of 10 percent for a stab wound scar of muscle group XIX is being remanded due to the need for additional development, including obtaining VA medical records.

The Veteran's service-connected disabilities do not meet the criteria for a higher rate of SMC based on the need for regular aid and attendance of another person.

The Board has reopened the claim for service connection for loss of vision, left eye with scar and granted the claim based on a finding that the Veteran's current disability is related to his active duty service.

The Veteran's claim for an increased evaluation of his service-connected appendectomy scar was granted, and the issue of reopening his diabetes mellitus type II claim was also granted. The rating assigned is 10 percent.

The Veteran's initial ratings for his service-connected skin conditions have been denied as the evidence does not meet the criteria for higher ratings under the applicable rating schedule.