Scars decisions — 2014

The Veteran's claim for an increased rating for his service-connected left leg wound scar in Muscle Group XI was denied as he failed to report for a scheduled VA examination without good cause.

The Veteran's appeal has been withdrawn, and his case is dismissed.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and a VA scar examination.

The Veteran's claim for service connection for scars was denied as there is no current diagnosis of such. The earlier effective date for the grant of service connection for PTSD with mixed depression and anxiety was also denied.,Service connection for scars was not granted due to lack of evidence of a diagnosed condition, while service connection for PTSD was granted based on new evidence received after the initial denial.

The Veteran's appeal for retroactive recognition of his children as dependents and an earlier effective date for his spouse was denied due to lack of entitlement under the law.,The Veteran did not provide sufficient evidence within one year of receiving notification from VA regarding dependency, which is a requirement for retroactive benefits.

The Board has granted the appeal as to service connection for a scar of the right trapezius muscle. The appeals for hypertension, right eye dacryocystitis, and an initial evaluation in excess of 10 percent for low back strain have been withdrawn by the Veteran.

The Veteran's service-connected disabilities do not render him incapable of securing or following a substantially gainful occupation.

The Board has remanded the case for additional development, including requesting ship's logs and muster rolls from the U.S.S. Boxer between February and October 1951 to determine if there are any records related to a head injury sustained by the Veteran during service.

The Veteran's appeal is being remanded to the RO for further development and consideration of his claim for a total disability rating based on individual unemployability due to service-connected disabilities prior to January 6, 2006.

The Veteran's appeal is being remanded for additional development, including obtaining updated treatment records and scheduling a VA examination to assess the current severity of his right shoulder disability. The issue of entitlement to total disability rating based on individual unemployability due to service-connected disorder is also before the Board.

The Veteran is not entitled to commencement of the period of payment for VA compensation benefits prior to May 1, 2010 as his effective date was properly assigned on April 1, 2010.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on need for aid and attendance.,The Veteran's service-connected disabilities of hands and arms do not result in loss of use.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, and scar, right upper arm are all granted.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA examination reports and reviewing his claims file to determine the severity of his anxiety disorder and the nature and etiology of any residuals of a TBI.

The Veteran's appeal for a compensable rating for his left shoulder scar has been withdrawn. The case is being remanded to obtain additional VA records and schedule the Veteran for an audiological examination.

The Board has determined that the termination of VA disability compensation benefits due to fugitive felon status was improper and has restored these benefits.

The Veteran's service-connected knee disabilities do not result in loss of use of both lower extremities, and he does not have other service-connected conditions that would qualify him for specially adapted housing. The Board finds the preponderance of evidence is against his claim.

The Veteran's right hand scar, status post cyst removal, is currently rated at 10 percent and does not warrant a higher evaluation.,Prior to December 31, 2012, the Veteran's lumbar osteoarthritis and degenerative disc disease was rated at 10 percent. Effective from December 31, 2012, it is rated at 20 percent.,Effective from December 31, 2012, the Veteran's lumbar osteoarthritis and degenerative disc disease with IVDS warrants a 20 percent evaluation.

The Board finds that the Veteran's service-connected disabilities did not preclude him from securing or following a substantially gainful occupation prior to his death, and thus denied the claim for TDIU.

The Veteran's service-connected disabilities are of such nature and severity as to prevent him from securing or following substantially gainful employment, warranting a TDIU.