Scars decisions — 2015

The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially-gainful occupation prior to December 11, 2009, effective July 23, 2003.

The Board has remanded the case for additional development, including obtaining private and VA treatment records and affording the Veteran a VA examination. The issues of entitlement to higher initial evaluations for the service-connected lumbar spine disability and claims for loss of teeth 8 and 9 due to trauma and a surgical scar of the lumbar spine remain in appellate status.

The Veteran's claim for a clothing allowance is being remanded due to the need to adjudicate another matter on appeal, specifically his left foot disability under 38 U.S.C.A. § 1151.

The Board denied the Veteran's claims for referral of his service-connected bilateral hearing loss and right hand scar disabilities for consideration of an extraschedular disability rating, finding that the assigned schedular ratings adequately considered their combined effects.

The Veteran's appeal of the issue of entitlement to service connection for keloids is denied due to lack of credible evidence linking his condition to service.,The Veteran's appeal of the issue of entitlement to service connection for BPH is denied due to lack of credible evidence linking his condition to service.

The Veteran's service-connected disabilities did not render him so helpless as to be in need of regular aid and attendance or permanently housebound by reason of his service-connected disabilities, thus the criteria for SMC based on the need for aid and attendance were not met.

The Veteran is unable to secure and follow a substantially gainful occupation due to his service-connected disabilities, resulting in a combined disability rating of 60 percent for one disability.

The Veteran is unable to obtain or maintain substantially gainful employment due to service-connected disabilities, as his education and recent internship indicate he can perform sedentary work.

The Board has granted a compensable initial rating of 10% for the Veteran's scar on his right lateral thigh. The issue of service connection for kidney stones is remanded due to missing records.

The Board found no evidence of a facial scar, muscle disorder, or foot strain during service. The Veteran's claims for these conditions were denied as there is no current disability to support the claims.

The Veteran's eye condition, manifested by corneal scarring and dead spots of vision in the left eye, is rated as a 10 percent disability under DC 6011.

The Veteran's appeal for an initial evaluation in excess of 10 percent for painful scar, left upper extremity, is denied as the evidence does not show that the scars cover at least 12 square inches (77 sq. cm.) or have more than two painful or unstable scars.,The Veteran's appeal for a rating in excess of 20 percent for deep, nonlinear scars, residuals of necrotizing fasciitis, status post multiple surgical procedures, is denied as the evidence does not show that the scar covers at least 72 square inches (465 sq. cm.) or has five or more painful or unstable scars.

The Veteran's claims for increased evaluations and effective date were denied. The initial compensable evaluations assigned prior to November 21, 2013, are not supported by the evidence of record.

The Veteran's claims for increased ratings and service connection were denied. The appeals are addressed in the remand portion of this decision.

The Veteran's appeal is being remanded to schedule a Travel Board hearing for all issues on appeal, including those that were not perfected in August 2012.

The Veteran seeks an effective date prior to February 25, 2005 for a 10% rating for his service-connected tracheostomy scar. The Board finds no evidence of an increase in disability during the one-year period before this award and denies the claim.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining relevant VA medical records and issuing a supplemental statement of the case.

The VA has severed service connection for multiple and extensive burn scars of the right lower, left lower, right upper, left upper, anterior trunk, and posterior trunk as well as entitlement to Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35 effective February 1, 2012.

The Veteran's service-connected disabilities require him to seek the aid and attendance of another person on a daily basis, leading to a grant of special monthly compensation based on need for aid and attendance/housebound status.

The Veteran's service-connected disabilities, including PTSD, asthma, left shoulder disorder, and other conditions, have rendered him unable to secure or follow a substantially gainful occupation. The Board finds that the criteria for TDIU are met.