Scars decisions — 2015

The Veteran's claim for an initial disability evaluation in excess of 10 percent for multiple scars of the head and shoulder was denied as his symptoms did not meet the criteria for a higher rating under applicable diagnostic codes.

The Veteran's appeal is being remanded due to his incarceration and failure to appear for a Travel Board hearing. The case will be returned to the AOJ for further action.

The Veteran's left calf GSW scars were deep with adherence to underlying tissue, but did not cover an area exceeding 6 square inches or cause limitation of motion. As such, a compensable rating was denied.

The Veteran seeks service connection for various conditions, including hypertension, hearing loss, head trauma residuals, facial scars, neck disability, and low back disability. The appeal is remanded due to the need for additional VA examinations and treatment records.

The Veteran's appeal for higher ratings and TDIU based on PTSD is granted. He is awarded a 10 percent rating for each of his elbow scars, effective April 24, 2006. His PTSD is rated at 70 percent since May 24, 2007, with the possibility of higher ratings depending on future evaluations. TDIU based solely on PTSD is granted.

The Board finds that the Veteran's current low back disability is not related to his military service and therefore, denies service connection for a low back disability. The left ankle disability claim will be remanded for further development.

The Veteran's PTSD is currently rated at 30 percent, and his other service-connected conditions do not preclude him from securing or following a substantially gainful occupation.

The Board has remanded the case for additional development, including obtaining VA treatment records and Social Security Administration records. The Veteran will be provided a new VA examination to assess his employability due to service-connected disabilities.

The Board has remanded the case for further development and review of the claims, including obtaining VA treatment records from before September 2000 and arranging for medical evaluations to assess the severity of the Veteran's disabilities. The appeal will be considered on its merits after these actions.

The Veteran's lung disability, including COPD and emphysema, is being remanded for further development to determine if it was caused or aggravated by service-connected PTSD. The issue of scar tissue of the lungs is also being remanded.

The Board has determined that additional development is necessary before the TDIU claim can be adjudicated, including obtaining medical records and conducting a Social and Industrial Survey to assess the Veteran's employability given his service-connected disabilities.

The Veteran's service-connected disabilities have not rendered him unable to secure or follow a substantially gainful occupation, and his claim for TDIU is denied.

The Board has determined that the Veteran's service-connected left eye chorioretinitis and macular scarring warrants a 10 percent disability rating, effective from the date of the decision.

The Veteran's appeal is being remanded for a new VA examination to determine the nature, extent, and severity of his service-connected scars. The issue remains about entitlement to an increased evaluation for these scars.

The Board has determined that the Veteran's service-connected scars do not warrant a higher disability rating based on their current size, nature (superficial), and symptoms (no pain or instability).

The Veteran's service-connected disabilities, including anatomical loss of both hands, right eye blindness, and multiple shell fragment wound disabilities, render him so helpless that he requires assistance on a regular basis for protection from hazards or dangers incident to the daily environment. The Board grants special monthly compensation based on the need for aid and attendance.

The Veteran's service-connected PTSD has worsened to the extent that it precludes him from performing his project management occupation, and he is entitled to additional vocational rehabilitation training.

The Veteran's claim for an initial compensable disability rating for residual scars from shrapnel wounds to the right lower extremity is being remanded due to procedural issues and a need for additional medical examination.

The Veteran's death was not caused by any service-connected disability, and the appellant is therefore not entitled to VA benefits under 38 C.F.R. § 3.11.

The Veteran's right eye disability, manifested by corneal scarring with loss of vision, is currently rated at 20 percent. The evidence does not support a higher rating as the current visual acuity in both eyes combined (right eye corrected to 20/40 or better) does not meet the criteria for a higher rating.