Scars decisions — 2014

The Veteran's claim for a compensable rating for his service-connected scarring of the tympanic membranes is denied as there is no indication that the current 0 percent rating, which is the maximum available under the applicable diagnostic code, is inadequate to describe his disability level and symptomatology.

The Veteran's service-connected PTSD rendered him unemployable from November 7, 1996 to October 6, 2002.

The Veteran's claims for earlier effective dates for increased ratings were denied. However, his claim for a compensable rating for bilateral hearing loss prior to December 28, 2009 was granted.

The Veteran's claim for an earlier effective date for PTSD service connection has been granted, and he is now entitled to a TDIU as of September 9, 2008. The right knee increased rating issue remains pending.

The Veteran's gunshot wound scar on the left side of his neck has not been shown to meet the criteria for a compensable rating under VA's skin disability evaluation criteria.

The Veteran's appeal is being remanded for additional development to determine if his service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Veteran's death was caused by congestive heart failure, but the service-connected seizure disorder did not contribute to his death.

The Veteran's service-connected disabilities do not render him unable to obtain and maintain gainful employment consistent with his education, training, and work experience.

The Veteran's appeal is being remanded for further development, including obtaining Social Security Administration records and scheduling a social and industrial survey to determine if his service-connected disabilities preclude him from securing and following substantially gainful employment.

The Veteran's service-connected right shoulder disability is currently rated at 30 percent, and the Board has found that a higher evaluation is not warranted. A separate schedular rating of 40 percent for painful limitation of motion associated with his service-connected condition was granted.

The Veteran's appeal is for an increased rating for his service-connected right ankle fracture with degenerative joint disease and residual scar. The RO granted service connection in November 2009, but the Veteran contends that his disability has worsened since then and now warrants a higher initial rating.

The Board has determined that the Veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of his death.

The Veteran's service-connected disabilities do not render him unemployable, and the current schedular rating is adequate to compensate for his disability. The issue of an extra-schedular rating for sinusitis/rhinitis with allergies will be adjudicated.

The Veteran seeks an earlier effective date for service connection and associated compensation benefits for scars on his right forehead and left foot. The Board has determined that the issue of whether there was CUE in prior rating decisions is inextricably intertwined with the earlier effective date issue.

The Board has granted a 20 percent rating for the Veteran's right shoulder disability, which is currently rated as 10 percent. The condition results in limited motion at the shoulder level.

The Veteran's service-connected conditions do not meet the criteria for SMC based on need for aid and attendance or housebound status.

The Veteran's appeal is being remanded to the RO for scheduling a video-conference hearing with a different Veterans Law Judge.

The Veteran's appeal is being remanded for a new VA examination to assess the impact of his service-connected disabilities on his ability to work, and for updated treatment records.

The Veteran withdrew his appeal for a higher initial rating for the scar on the right cheek at the eye.

The Veteran's claims for increased ratings have been granted, with the effective dates being July 10, 2009.