Scars decisions — 2014

The Veteran's service-connected disabilities, including early diabetes mellitus type II (DM-II), diabetic nephropathy associated with DM-II, supraventricular and ventricular ectopy associated with DM-II, mild sensory peripheral neuropathy of both lower extremities, appendectomy scar, and erectile dysfunction associated with DM-II, are deemed to be sufficient for a TDIU. However, the VA examinations conducted in 2008 do not address the impact of these disabilities on his ability to obtain and maintain substantially gainful employment.

The Board has decided to remand the case for additional development, including obtaining clarification from the Veteran regarding his treatment and where he received treatment in service. The Veteran is also required to provide information about his current treatment for sciatic nerve issues and lower back pain.

The Veteran's appeal is being remanded for additional development, including obtaining VA medical records and scheduling a VA examination to assess the etiology of his claimed conditions.

The Veteran's muscle damage of right muscle group XI and scarring of the right gastrocnemius status post skin graft from laceration with secondary cellulitis are rated at 20 percent, which is higher than the initial 10 percent rating. The claims were granted.

The Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment since August 31, 2004.

The Veteran's appeal is being remanded for further development and readjudication, including obtaining VA medical opinions regarding his employability and need for aid and attendance or housebound status.

The Board has determined that service connection for the cause of the Veteran's death is warranted due to his service-connected coronary artery disease contributing substantially or materially to his death.

The Veteran's claims for service connection have been reopened, but the evidence does not support a grant of service connection for COPD, right shoulder disorder, left shoulder disorder, diabetes mellitus, or head injury. The Veteran is entitled to increased evaluations for focal pain syndrome with severe migraine headaches and post-traumatic scar of the left forehead.

The Veteran's bilateral knee disabilities are rated at 60 percent each, and he is granted TDIU based on his service-connected disabilities.

The Board denied service connection for a left leg disability, finding that the preponderance of evidence does not support a finding of current disability or a link to service. The Veteran's assertions regarding in-service injuries were outweighed by findings from his March 1967 VA examination.

The Board denied the Veteran's claim for an earlier effective date for the award of additional compensation for a dependent spouse, finding that the earliest possible effective date is September 14, 2009.

The Board found that the Veteran's service-connected scars from her bilateral breast reduction surgery do not warrant an increased disability rating in excess of 20 percent, as they are not both unstable and painful. The preponderance of evidence did not show more than a 20 percent disability rating.

The Veteran's service-connected pseudofolliculitis barbae and scarring of the trunk post-surgical removal of supernumerary nipples are not rated higher. The Veteran was granted service connection for sleep apnea and dental malocclusion.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and VA treatment records. The case will be readjudicated after the development is completed.

The Veteran's service-connected disabilities, including major depressive disorder and multiple musculoskeletal conditions, have rendered her unable to secure or follow a substantially gainful occupation.

The Board has determined that the Veteran's service-connected disabilities, particularly his left anterior thigh and heel injuries, substantially contributed to his death by leading to congestive heart failure and circulatory problems. As a result, the claim for service connection for cause of death is granted.

The Veteran's initial noncompensable disability rating for a residual foreign body, left foot scar was increased to 10 percent effective March 16, 2012. The appeal is now on remand for further development.

The Board has determined that service connection for the cause of the Veteran's death is granted, with ischemic heart disease being presumed due to herbicide exposure during service.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected postoperative residual scars related to excision of chondroma of the bilateral 12th ribs. The case will be returned to the Board after any additional development.

The Veteran's claims for increased ratings and an earlier effective date were granted, with the effective date set at July 12, 2010.