Scars decisions — 2015

The Veteran's claims for increased ratings have been denied as there is no current hearing loss disability and the maximum schedular rating available for tinnitus is 10 percent.

The Board has determined that the Veteran's current bilateral hearing loss disability is not related to service, as there was no in-service noise exposure and no chronicity of symptoms within one year of separation from service. The other conditions were also not found to be related to service.

The Veteran's claims for increased ratings were denied. The VA determined that the scars, nerve injuries, and muscle injuries did not meet the criteria for higher disability ratings.

The Veteran withdrew his appeal on the issues of entitlement to service connection for a right ankle disability, bilateral hearing loss, and a right inguinal area scar.

The Board has determined that new and material evidence was received to reopen the claim for service connection for residuals of a head injury. The Veteran's scalp scar is considered incurred in military service, and thus service connection is granted.

The Veteran's claim for service connection for bilateral hearing loss disability was denied as there is no evidence of a hearing loss disability under VA criteria. The claims for increased ratings for left foot disorder and abdominal scar are not addressed in the decision.

The Board has remanded the case for issuance of a supplemental statement of the case addressing the appellant's status as a substitute claimant, rather than on an accrued benefits basis.

The Veteran's combined disability rating is 30 percent, which does not meet the criteria for a TDIU under VA regulations. The Board finds that his service-connected disabilities do not render him unable to secure and maintain substantially gainful employment.

The Board found that the Veteran's surgeries for scarring of the chest and back were caused by nonservice-connected bullous emphysema due to smoking, not his service-connected interstitial pulmonary fibrosis. The heart disorder was also attributed to nonservice-connected factors.

The Board has determined that additional development is needed, including obtaining VA treatment records and scheduling the Veteran for examinations. The appeal will be remanded to allow these steps.

The Veteran's left indirect inguinal hernia has not reoccurred, and he does not have a compensable residual surgical scar. The Board finds that the preponderance of the evidence is against his claims for increased ratings.,The Veteran's left inguinal hernia was surgically repaired in-service and again post-service. A VA examination revealed no recurrence or interval changes. His residual surgical scar did not meet criteria for a compensable evaluation under Diagnostic Codes 7801-7805.

The Veteran's claim for an initial compensable disability rating for left shoulder bursitis, status post surgery with residual scar is being remanded due to the need for further development including a VA examination to assess the current nature and severity of his service-connected disability.

The Veteran's claim for an initial compensable rating for post-surgical scars on the lumbar spine was denied. The cervical spine disability and major depression claims were not granted.,The Veteran's service-connected disabilities do not preclude a return to substantially gainful employment.

The Veteran's fungal infection of the lungs and bloodstream with lung scarring, fluid drainage from the brain, and joint pain are not deemed to be due to VA care or treatment. The Board finds that any additional disability is not caused by VA fault.

The Veteran's appeal is granted, with the exception of the claim for a compensable disability rating prior to March 1, 2011 for left upper extremity scar. The remaining claims are also granted.

The Veteran's claim for an increased evaluation for residuals of post-operative left inguinal hernia is denied as there is no evidence of a recurrent hernia or small inguinal hernia, post-operative recurrent. The current rating assigned is based on the painful scar and ilioinguinal neuropathy.

The Veteran's appeal for a higher initial rating for GERD with residual surgical scarring has been withdrawn. The case is now dismissed.

The Veteran's claim for additional dependency benefits was granted with an effective date of December 1, 1995.

The Board has determined that the Veteran was not entitled to Dependency and Indemnity Compensation under 38 U.S.C.A. § 1318 due to a lack of entitlement under the law, as he did not meet the criteria for receiving such benefits.

The Veteran's service connection claim for residuals of tuberculosis, including calcified granuloma and parenchymal scarring of the upper right lobe, is granted as his current condition is related to his military service.