Scars decisions — 2014

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for an examination to assess the current severity of his hearing loss and scar.

The Veteran's appeals for a compensable rating for shell fragment wound scars of the left buttock and left thigh, and service connection for residuals of a fracture of the left foot have been dismissed as his appeal has been withdrawn.

The Board has dismissed the appeal due to the appellant's withdrawal of her appeal.

The Veteran's initial claim for a compensable rating for his service-connected left foot scar was denied, as the evidence did not support a higher evaluation. The issue of service connection for a left foot skin disorder was also denied due to lack of current disability.

The Veteran's appeal for total disability based on individual unemployability (TDIU) due to service-connected disabilities has been denied as the evidence does not establish that he is unable to secure and follow substantially gainful occupation by reason of his service-connected disabilities.

The VA determined that the Veteran's service-connected scar on his right elbow does not meet the criteria for a compensable rating, as it is superficial, stable, and has no disabling effects or functional impairment.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining SSA records and scheduling VA examinations to address his service connection claims. The case will be returned to the Board after this development.

The RO reduced the evaluation of the Veteran's service-connected right knee scar from 10 percent to noncompensable, effective April 1, 2011. The reduction was proper as it had been in effect for less than five years.

The Veteran's combined rating was 80% prior to his death in December 2009, and 90% thereafter. The service-connected disabilities met the percentage requirements for a schedular TDIU, but did not render him unemployable due to their impact on his ability to secure or follow substantially gainful employment.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling the Veteran for examinations to assess the current severity of his service-connected disabilities.

The Veteran's service-connected disabilities are too numerous and severe to identify a feasible vocational goal, leading to the denial of his VR&E benefits.

The Veteran's service-connected painful surgical scar, status post right ovarian cyst removal, is not currently rated higher than the current noncompensable rating prior to June 10, 2009 and a 10 percent evaluation thereafter. The Board finds that the evidence does not support an increased rating for this condition.

The Veteran's service-connected disabilities do not preclude him from obtaining and retaining substantially gainful employment.

The Veteran's appeal is being remanded for additional development, including VA examinations and opinion requests related to his service-connected lumbar spine, right shoulder, and thumb disabilities, as well as headaches. The claims will be reconsidered in light of all evidence.

The Veteran's claims for increased ratings and TDIU have been remanded due to the need for additional examinations, treatment records, and development of evidence.

The Board has remanded the case for further development, including scheduling a VA examination and obtaining treatment records. The claims will be readjudicated after these actions.

The Veteran's service-connected disabilities require the need for aid and attendance of another person, as evidenced by his inability to dress or undress himself, take care of hygiene needs, prepare meals, manage medications, and attend to personal needs. The Board finds that he meets the criteria for special monthly compensation based on the need for aid and attendance.

The Board denied the Veteran's claims for increased ratings for residuals of his histiocytic lymphoma, gastrointestinal, pulmonary emboli, chronic venous insufficiency of the right and left lower extremities, and residual scars. The appeal is REMANDED to obtain updated VA treatment records.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected back disability. The issue of TDIU has also been raised by the record.

The Board has remanded the Veteran's claims for additional development due to the need for new VA examinations and retrieval of relevant treatment records.