Scars decisions — 2014

The Veteran's right knee disability, post-total knee arthroplasty with residual scars, resulted in severe painful motion and weakness on flexion to 20 degrees due to pain, as well as mild subluxation of the knee. The Board granted a 60 percent rating for this condition effective from June 9, 2014.

The Board has determined that new and material evidence has been received to reopen the previously denied claims of service connection for the cause of the Veteran's death, entitlement to death pension benefits, and legal entitlement to accrued benefits. The case is REMANDED for additional development.

The Veteran's appeal is being remanded due to an issue with the transcript of his July 2014 videoconference hearing. He will be scheduled for another hearing.

The Veteran's TDIU claim is being remanded for a VA examination to determine if his service-connected disabilities prevent him from securing and following substantially gainful employment.

The Veteran's left hip disability is rated at 30 percent, and his left thigh scar is rated at 10 percent. The Board denied the increased rating claims for both conditions.

The Veteran's service-connected disabilities, including hearing loss, tinnitus, thoracolumbar spine condition with bilateral radiculopathy, and left thumb scar with peripheral nerve condition, do not render him unable to obtain or maintain substantially gainful employment.

The Veteran's service-connected fractured right middle and ring fingers and left hand scar have been granted, but the initial ratings assigned are noncompensable.

The Board has determined that the Veteran's scar, related to a drain tube insertion during an in-service surgical procedure, is service-connected. The issue of Muscle Group XIV injury secondary to Muscle Group XVII injury remains under consideration.

The Veteran's appeal is being remanded for additional development, including scheduling new VA examinations and issuing a Statement of the Case (SOC) on several claims.

The Veteran's claims for service connection for various conditions, including burn scars, hearing loss, tinnitus, headache disorder, lung disorder, and a right heel injury, have all been denied. The evidence does not support the Veteran's assertions that these conditions are related to his military service.

The Board denied the Veteran's claims for service connection for hypertension and an initial compensable rating for three scars as a result of puncture wounds on his right leg. The Veteran did not meet the criteria for service connection due to lack of in-service diagnosis or treatment, and the VA examiner found no link between current hypertension and service.

The Veteran's service-connected disabilities, and the medications used to treat them, contributed substantially and materially to his death. The Board finds that the Veteran's service-connected disabilities caused or contributed substantially and materially to his death.

The VA has determined that the Veteran's current left arm disorders, including residual scar, limitation of motion, and neuropathy, are not related to his period of service.

The Board has granted service connection for erectile dysfunction, hammertoes and hallux valgus of the right foot, heel spurs and hallux valgus of the left foot, burn scars on the back, and tinnitus. These conditions are all found to be related to the Veteran's military service.

The Board found no evidence that the Veteran's current heart murmur and aortic valve stenosis are related to his service, including any inservice treatment for strep throat and scarlet fever. The condition is considered more likely due to age-related progression.

The Veteran's claims for increased ratings were denied. His service-connected scars and bilateral hearing loss did not meet the criteria for higher ratings under applicable VA regulations.

The Veteran's appeal is remanded for additional development, including a VA examination and a memorandum from a vocational rehabilitation specialist to determine if he is unemployable due to service-connected disabilities. The claim will be referred to the Director of Compensation and Pension Service for consideration of whether TDIU is warranted.

The Board has determined that the Veteran is entitled to a TDIU and DEA benefits effective from September 5, 2000, as he was found eligible based on his service-connected disabilities at that time.

The Board has determined that additional development is needed to verify the Veteran's service dates and obtain relevant TRICARE treatment records. The case will be remanded for these actions.

The Veteran's service-connected disabilities require the need for aid and assistance of others for dressing, bathing, and feeding. The Veteran is also prone to falls due to his service-connected disabilities, necessitating regular aid and attendance.