Scars decisions — 2014

The Veteran's claims for increased ratings and service connection have been denied. The Board found that the evidence did not support a higher rating or service connection for any of the conditions listed.

The Veteran's combined disability rating does not meet the schedular criteria for a TDIU. The Board finds that referral to the Director of Compensation and Pension Services is warranted as the Veteran is unemployed due to non-service connected disabilities, not his service-connected PTSD, tinnitus, or right eye disorder.

The Board found no current diagnosis of a left shoulder disorder or any evidence linking the Veteran's claimed condition to his service. The Board also found no current diagnosis of a left shoulder scar and no evidence linking it to service.

The Board has determined that the Veteran is not entitled to service connection for a dental avulsion, secondary to left tibial fracture. The claims for increased evaluations of various disabilities have also been denied.

The Board denied service connection for an injury to the cornea of the left eye, finding that the pre-existing condition was not aggravated by service.

The Veteran's claim for TDIU is being remanded due to the need for additional VA examinations and a social and industrial survey. The case will be returned to the Board after these are completed.

The Board finds that the Veteran's current bilateral hearing loss, tinnitus, PTSD, and residuals of burn scars to the head, face, and neck are not related to active service or any incident of service.

The Veteran's claims for service connection are being remanded due to the need to obtain missing service treatment records and VA medical records, as well as a VA examination.

The Veteran's service-connected conditions have been evaluated according to the applicable rating criteria. The RO has assigned appropriate disability ratings for his bladder dysfunction, resection of axilla and neck lymph nodes, abdomen scars, lung dysfunction, vision changes, Burkitt's lymphoma, and tinnitus. No higher evaluations are warranted.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on need for aid and attendance or housebound status.

The Veteran's appeal is being remanded due to the need for a hearing before the Board of Veterans' Appeals.

The Veteran's lumbar spine disability was rated at 20 percent prior to January 8, 2014 and is now granted. The issues of a higher rating are addressed in the remand section.

The Veteran's two painful scars have been granted a separate 10% disability rating under Diagnostic Code 7804.,The Veteran's claim for an earlier effective date for his service-connected appendectomy has been denied.

The Veteran's service connection claim for residuals of a concussion is denied as there are no current residuals. The VA examiner found no evidence of any chronic disability resulting from the claimed head injury in service. For his scars, the Board finds that the preponderance of the evidence is against a finding of one or more scars with characteristics of disfigurement, instability, or pain.

The Veteran's scars status post CABG have been rated at 10 percent since May 5, 2011. The VA examiner found that the scars do not result in frequent loss of covering of skin over the scar or limitation of motion or function.

The Veteran's traumatic brain injury and obstructive sleep apnea are found to be service-connected. The PTSD is assigned a 50% disability rating, the left knee and right knee conditions are each rated at 10%, the shoulder strains are not service-connected, the wrist condition does not meet criteria for a higher rating, the spine strain is rated at 10%, the ankle strains do not warrant a higher rating, the hiatal hernia with GERD is rated at 10%, and the headaches are assigned a 30% disability rating. The Veteran's hypertension, DVT, restless leg syndrome, IBS, erectile dysfunction, and hypertensive cardiovascular disease are each rated at 10%.

The Veteran's post hernia surgical scar is not rated as painful or unstable, and thus does not meet the criteria for a compensable rating.,The Veteran's low back disability is at least as likely as not related to his active service.

The Board has determined that a remand is necessary to obtain updated evaluations of the Veteran's service-connected disabilities and determine if he qualifies for vocational rehabilitation benefits. The case will be returned to the Board after these actions are completed.

The Veteran's claims for service connection for a chronic respiratory disorder, sleep apnea, and heart disease (to include ischemic heart disease) are denied as the evidence does not support a link between these conditions and his period of active military service.

The Board finds that the Veteran's corneal scar of the right eye is related to a right eye injury in service and grants service connection for this condition. The left eye disability, hypertension, and low back disability are not shown to be related to active duty.