Scars decisions — 2014

The Veteran's claims for higher initial ratings for residuals, left shoulder disability with scar and residual scarring of left upper lobe of lung, status post radiation therapy were denied. The claims for service connection for bilateral hearing loss and tinnitus were also denied.

The Veteran's claim for service connection for a disability of the right leg, apart from a scar of the right leg is granted. The Board finds that the Veteran has a current diagnosis of a scar on his right leg and resolves all reasonable doubt in favor of the Veteran.

The Veteran's claims for service connection for traumatic brain injury and scar tissue in the sinus cavity were denied. The claim for increased evaluation of right eye injury residuals was granted with a 50% rating effective October 26, 2010.

The Board denied the Veteran's claims for increased ratings and service connection on multiple issues, including left leg disorder, blood condition (claimed as bluish patch on right hand), bilateral ankle disorders, upper back disorder, and bilateral varicose veins.

The Veteran's combined rating for residuals of a cerebrovascular accident is granted at 100 percent, effective June 1, 2008. The Veteran also meets the criteria for special monthly compensation based on need for aid and attendance.

The Veteran died from hypotension due to probable pulmonary embolism or myocardial infarction. The Board has determined that a medical opinion is needed to determine the cause of death and whether service-connected conditions contributed to it.

The Veteran's initial disability ratings for his service-connected conditions have been granted and are set at 10 percent each, effective the day after his discharge from active service in April 2008.

The Veteran's claim for an increased rating of 40 percent for service-connected residual scars was granted effective September 28, 2010. The effective date cannot be earlier than this date due to the liberalizing change in the law.

The Board has remanded the case to the AOJ for additional development, including an examination of the Veteran's service-connected facial scars and consideration under revised regulations.

The Board has determined that additional development is needed to address the cause of the Veteran's death and its relationship to service-connected conditions. The appellant seeks service connection for the cause of her husband's untimely death, which was attributed to a severe asthma attack exacerbated by his service-connected PTSD.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a VA examination to assess his facial scarring due to chickenpox and pharyngitis.

The Board finds that the Veteran's service-connected disabilities are as likely as not of such nature and severity as to prevent him from securing or following substantially gainful employment, thus granting a TDIU.

The Veteran's claim for a TDIU is being remanded due to the need for an examination addressing his functional impairment from service-connected disabilities and their impact on employment.

The Veteran's claims for increased ratings for her service-connected left and right knee subluxing patella were denied. Her claim for a compensable disability rating for her service-connected surgical scar of the left knee was granted. The Veteran's claims for service connection for her claimed left and right wrist disabilities are not applicable as they do not involve issues related to service connection.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his PTSD and another VA examination to evaluate the impact of his service-connected disabilities on his employability.

The Veteran is granted service connection for residuals of left breast surgery and a skin disability of the left ear lobe. Service connection was denied for a skin disability of the right ear lobe and a left knee disorder.,Service connection has been established for a current diagnosis of osteoarthritis in the left knee, which is related to an injury sustained during service.

The Board denied the Veteran's claims for service connection for gastric reflux and an initial compensable evaluation for scarring of the right tympanic membrane. The decision is vacated due to procedural issues.

The Veteran is permanently and totally disabled due to service-connected disabilities, including his right knee and lumbar spine conditions. The Board finds that the Veteran's service-connected disabilities are productive of loss of use of both lower extremities such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair. As a result, the Veteran is eligible for a certificate of eligibility for specially adapted housing.

The Veteran's nasal fracture residuals have been granted a 10 percent rating, effective February 1, 2007. His claim for an increased rating for his surgical scar of the anterior neck was withdrawn prior to final decision.

The Veteran's GSW scars of the left shoulder and upper back do not meet the criteria for a compensable evaluation prior to July 18, 2012 or an evaluation in excess of 10 percent beginning July 18, 2012. The issue of entitlement to a compensable evaluation for service-connected fungus of the right foot was withdrawn by the Veteran.