Scars decisions — 2015

The Veteran's appeal is being returned to the AOJ for further development and consideration. Specifically, an addendum from the October 2014 VA examiner is needed regarding the impact of his service-connected disability on employment and daily activities. The effective date issue also needs to be addressed by issuing a Statement of the Case.

The Veteran's appeal is being remanded for additional development, including obtaining his VA vocational rehabilitation file and Social Security Administration records. The issue of two separate compensable ratings for bilateral radiculopathy from the service-connected degenerative disc disease of the lumbar spine has also been raised and must be addressed first.

The Board denied an earlier effective date for the grant of service connection for ischemic heart disease, finding that the earliest possible effective date is May 27, 2010, which is the date of claim. The disability arose in 2002.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to lack of anatomical loss or use of both hands, blindness in both eyes with 5/200 visual acuity or less, or deep partial thickness burns, full thickness or subdermal burns, or residuals of an inhalation injury.

The Board has determined that the Veteran's right forearm scar and right knee disability are related to service, with a medical nexus established. The Veteran is granted service connection for these conditions.

The Board granted the Veteran's request for withdrawal of appeals for increased ratings for his right hip disability and PTSD with depressive disorder. The claim for an increased rating for scars due to shrapnel and motor vehicle accident was not fully substantiated.

The Veteran's service-connected disabilities render him unemployable, and the Board has granted TDIU.

The Veteran's service-connected disabilities do not prevent him from performing sedentary or light duty work, and the preponderance of evidence is against finding that he cannot secure or follow a substantially gainful occupation due to his disabilities.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining updated VA and private treatment records, scheduling a VA examination, and readjudicating his claim under the appropriate rating criteria.

The Board has determined that the Veteran's service-connected disabilities, including his residuals of a low back injury, have rendered him unable to secure and follow substantially gainful employment. The decision is in favor of granting TDIU.

The Veteran's combined rating for his service-connected disabilities, including bilateral pes planus, disfiguring scar on the left upper lip area, and tender scar on the left upper lip area, is denied as it does not exceed 30 percent.

The Veteran is currently in receipt of SMC at the rate equal to subsection (m) based on the loss of use of both legs due to service-connected peripheral neuropathy of the bilateral lower extremities with additional disability (service-connected bronchial asthma) independently ratable as 100 percent disabling from August 20, 2009. The Veteran's claims for higher levels of SMC under 38 C.F.R. � 3.350(f)(3) and 38 U.S.C.A. � 1114(o) have been denied.

The Veteran's service-connected disabilities (rated at a combined 90%) are shown to render him incapable of maintaining regular substantially gainful employment.

The Veteran's claim for an increased rating for PFB with scars was denied. Prior to April 18, 2012, the condition was rated at zero percent due to elevated surface contour. From April 18, 2012, the condition is rated at 30 percent based on a combined total area of 100 sq cm of hypo- or hyperpigmented areas and elevated surface contour.

The Veteran seeks earlier effective dates for TDIU and DEA benefits based on service-connected disabilities. The Board has determined that additional development is needed to determine if the Veteran was unemployable due to his service-connected conditions prior to November 13, 2006.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a right knee disability, which is now granted as secondary to the Veteran's service-connected left knee disability. The current right knee degenerative joint disease (osteoarthritis) was caused or aggravated by the Veteran's service-connected left knee disability.

The Veteran's claims for service connection for various conditions, including pneumonia, depression, diabetes mellitus, a bilateral foot disability, and skin disabilities were denied as the evidence did not establish full-body exposure to mustard gas or Lewisite during his active duty. The Board found no presumptive service connection based on mustard gas exposure.

The Veteran's appeal is remanded for further development and consideration of his claim, including securing updated medical records and arranging for a VA examination to assess the severity of his Crohn's disease.

The Veteran's appeal is being remanded for additional development to consider the propriety of assigning a temporary total rating for convalescence and the applicability of Diagnostic Code 5055 in light of his February 2015 knee replacement surgery.

The Board has remanded the Veteran's claims due to the need for further examination and development of records, including mental health treatment records. The claims will be reconsidered based on the new evidence.