Scars decisions — 2015

The Veteran's service-connected disabilities, including a heart disability rated at 60 percent and other conditions, render him unable to secure or maintain substantially gainful employment consistent with his education and work experience. The Board finds that he meets the criteria for a TDIU rating.

The Board has reopened the Veteran's claim for service connection for status post thoracotomy with residuals, to include scarring and dyspnea. The evidence shows that her current condition is related to a lung nodule found during military service, which led to a thoracotomy. Service connection is granted.

The Board has determined that the Veteran's left eye disability, specifically a macular scar, is not attributable to his active military service.

The Veteran's claims for earlier effective dates for TDIU and DEA benefits were denied as he did not meet the schedular requirements for a TDIU prior to February 4, 2009. The Board also found that there was no evidence of unemployability due to service-connected disabilities during this period.

The Veteran's pulmonary disorder, including lung scarring, is being remanded for additional development to consider the evidence and determine if service connection can be established.

The Veteran is currently assigned a 20 percent rating for painful scars, and the Board finds that this rating is not higher than what is warranted based on the evidence of record.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran does not have a current ankle disability or bilateral knee disorder, and his scar residual of the right knee area is rated at 10 percent.

The Veteran's left knee disability is currently rated at 30 percent, effective September 1, 2009. The RO inferred an increased rating claim for the service-connected left knee disability in conjunction with his TDIU application.

The Board has determined that the Veteran's service-connected duodenal ulcer disease substantially contributed to his death, and thus grants service connection for the cause of the Veteran's death.

The Veteran's service-connected disabilities did not meet the percentage requirements for TDIU prior to December 8, 2010. The effective date of his TDIU award is therefore December 8, 2010.

The Veteran's claims for increased ratings for scars and muscle injuries have been denied as there is insufficient evidence to support a higher evaluation under the applicable rating criteria.

The Veteran's facial scar has been rated as 10 percent disabling since February 25, 2009. The initial rating for his right ring finger fracture is also granted at a noncompensable level.

The Veteran's appeal involves multiple conditions, including a cervical spine disorder, colon cancer and its residuals, impotence, abdominal scars, and thyroid cancer. The case is being remanded for further development to determine the nature and etiology of these conditions.

The Veteran's claims for increased evaluations and special monthly compensation were denied. The lung cancer residuals did not meet the criteria for a compensable evaluation, while the depressive disorder warranted an initial rating of 30 percent.

The Veteran's appeal was dismissed as she withdrew her claim for increased rating of left wrist scar. The case is remanded to obtain additional medical records and schedule the Veteran for a VA examination to assess her current headaches and plantar fasciitis.

The Veteran's service-connected scars were rated at 10 percent prior to October 23, 2008. The Board finds no evidence of deep or underlying soft tissue damage, and the scars do not cause limitation of function. Therefore, a higher rating is not warranted.

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

The Veteran's claim for a higher rating for the residuals of his nephrectomy with partial adrenalectomy was denied as there is no evidence of renal dysfunction or decrease in kidney function.

The Veteran's service-connected disabilities, including Meniere's disease, coronary artery disease, lumbar strain, duodenal ulcer, chronic rhinitis, hemorrhoids, radiculopathy of the right leg, and residual scarring, render him unable to follow a substantially gainful occupation.

The Board has determined that the Veteran's claim for an earlier effective date for a compensable rating for residuals of traumatic brain injury cannot be granted as there is no evidence showing an increase in severity prior to September 26, 2007.