Scars decisions — 2013

The Board has remanded the case for further development, including obtaining a VA examination to determine the nature and etiology of the Veteran's diabetes mellitus. The Veteran is also scheduled for a videoconference hearing regarding his claim of entitlement to service connection for chronic pneumonia with scar tissue on the lungs.

The Board denied service connection for bladder cancer, right kidney cancer, and residual scars secondary to basal cell carcinoma of the nose and right cheek due to lack of evidence linking these conditions to exposure to ionizing radiation during service.

The Veteran's service-connected disabilities, including residuals of a fractured right tibia and fibula, osteoarthritis of the right hip, donor site scars of the right leg, absence of a right lateral cutaneous nerve, and bilateral hearing loss, preclude him from securing and following a substantially gainful occupation. The Board has determined that TDIU is warranted based on these service-connected disabilities.

The Veteran's claim for a TDIU is being remanded due to the failure to comply with previous Board directives. The case must be referred to the Director of Compensation and Pension Service for extraschedular consideration under 38 C.F.R. § 4.16(b).

The Veteran's PTSD symptoms have caused occupational and social impairment with reduced reliability and productivity, warranting a 50 percent rating. The Board has also granted the requested TDIU based on his service-connected disabilities.

The Veteran withdrew his appeal regarding the initial higher ratings for PTSD, scar status post laminectomy and chronic capsulitis of the left foot.

The Veteran's claim for financial assistance in the purchase of an automobile and adaptive equipment or adaptive equipment is being remanded due to outstanding VA treatment records needing to be obtained, as well as a need for a new VA examination.

The Board has decided to remand the case for further development and review, including obtaining updated treatment records and clarifying the source of symptoms related to the Veteran's scar disability.

The Veteran's service-connected disabilities, including his back and shoulder conditions, are sufficiently severe to render him unable to obtain or maintain substantially gainful employment prior to June 27, 2011.

The Board has remanded the case for additional development, including a new VA examination to assess the scar and its impact on the Veteran's right shoulder injury. The TDIU claim is also held in abeyance pending completion of this development.

The Veteran's service-connected disabilities, including major depressive disorder, lumbar herniated disk, left tibia and fibula fracture with chronic knee strain, and right quadriceps tendon repair, are found to be so severe that they prevent the Veteran from securing or maintaining any form of substantially gainful employment consistent with his education and occupational background.

The Veteran's service-connected disabilities, including pseudoseizures and PTSD, have rendered him unable to maintain substantially gainful employment since July 7, 2003. The Board finds that a TDIU rating is warranted from this date.

The Veteran's appeal includes claims for increased ratings for COPD and a scar, as well as service connection for carpal tunnel syndrome. The RO is directed to obtain VA treatment records, conduct a new examination for the left arm scar, and develop the TDIU claim.

The Veteran's appeal for an increased rating for his service-connected actinic purpura with scarring associated with a fractured left wrist and arthritis has been withdrawn.

The Board has granted service connection for a scar on the forehead, finding that there is sufficient evidence to support this claim. The remaining issues are remanded for further development.

The Veteran's appeal is being remanded to allow him to have a videoconference hearing before a Veterans Law Judge.

The Veteran's service-connected disabilities do not preclude substantial, gainful employment.

The Board denied the Veteran's claims for increased ratings for her service-connected hysterectomy with scar, degenerative joint disease of the left shoulder, degenerative joint disease of the left wrist, right lung scarring, left breast scar, and right forearm scar. The appeals were based on direct service connection.

The Veteran's claim is being remanded for additional development, including obtaining medical records and a VA opinion regarding the cause of his current disabilities.

The Veteran's claims for increased ratings for residuals of a nephrectomy with partial adrenalectomy and residual left flank scar are being remanded due to the need for additional examinations.