Scars decisions — 2013

The Veteran's service-connected right ankle fracture and associated conditions meet the percentage requirements for a TDIU, with his educational background and work experience preventing him from obtaining substantially gainful employment.

The Board has determined that the Veteran does not have a currently diagnosed residual disability resulting from her cesarean section during service, and thus denied her claim for service connection.

The Veteran has met the current disability, in-service disease, and nexus requirements for service connection of bilateral inguinal hernias and their residuals.

The Veteran's claim for a rating in excess of 20 percent for right knee strain, postoperative residuals with anterior cruciate ligament disruption and residual scar was denied. The claim for a separate compensable rating for arthritis prior to January 11, 2008, also failed.

The Veteran's service-connected disabilities do not preclude him from securing or following substantially gainful employment.

The Veteran's appeal is being remanded for additional development, including a social survey and a VA examination to assess his ability to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Veteran's appeal is being remanded to obtain additional medical records and to provide a VA examination. The TDIU claim will be adjudicated after the left shoulder service connection issue is resolved.

The Board has ordered the VA to obtain additional service and personnel records related to a reported incident in Germany. The Veteran's claims for scar residuals will be remanded for further development.

The Veteran's appeal includes multiple issues related to various disabilities, including hearing loss, elbow and knee conditions, spine disorders, foot problems, and a scar. The case is being remanded for further development.

The Veteran's service-connected disabilities, including PTSD and nerve damage, prevent him from engaging in substantially gainful employment consistent with his education and occupational experience.

The Board has remanded the Veteran's claims due to incomplete development of his exposure to herbicides and noise exposure during service. The claims will be reconsidered after these issues are addressed.

The Veteran's service-connected disabilities do not preclude him from performing sedentary employment, and the Board finds that the preponderance of the evidence is against his claim for a TDIU.

The Board has granted service connection for pleural and sub-pleural lung scarring, finding that the Veteran's current respiratory disability is likely caused by his exposure to asbestos during service. The other issues remain pending.

The Veteran's service-connected disabilities do not result in an impairment of his ability to prepare for, obtain, or retain employment consistent with his abilities, aptitudes and interests.

The Veteran's skin disorder (claimed as jungle rot of the feet) is not service-connected, and his scars are service-connected but do not warrant a compensable rating.

The Board has determined that the Veteran's appeal for service connection for diabetes mellitus, bilateral defective hearing, inner ear disorder, disorders of the legs and hands, gynecomastia with residual scar, degenerative joint disease of the left shoulder, degenerative disc disease of the lumbar spine with compression fracture of the thoracic spine, and degenerative joint disease of the right great toe has been denied. The Veteran's appeal was withdrawn for the issue of higher evaluation for gynecomastia.

The Veteran's claim for an increased disability rating for shrapnel scars of the left foot was denied as there is no evidence showing that these scars cause functional impairment or any other symptoms warranting a compensable rating.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection for scarring of the lungs and asbestosis, including obtaining relevant medical records and conducting a new examination.

The Veteran's claim for SMC by reason of the need for regular aid and attendance of another person is denied as his condition does not meet the criteria established in 38 C.F.R. § 3.352(a).

The Board has determined that the Veteran is not competent to handle disbursement of his VA benefits due to his dementia diagnosis.