Scars decisions — 2016

The Veteran's left eye disability, characterized by a corneal scar, iris atrophy, and fixed pupil, has been rated as 10 percent disabling since February 6, 2010. The current rating is appropriate given the clinical findings of normal corrected vision.

The Veteran's service-connected disabilities do not include loss or permanent use of one or both feet, hands, vision, severe burn injury, ALS, or ankylosis of one or both knees or hips. Therefore, the criteria for a grant for an automobile and adaptive equipment or adaptive equipment only have not been met.

The Board has granted service connection for hearing loss as secondary to the Veteran's service-connected traumatic brain injury (TBI). The other issues, including reduction of the disability rating for posttraumatic headaches and entitlements related to PTSD and TDIU, are pending.

The Board has determined that there is no evidence to support the Veteran's claims for service connection for allergic reaction of skin on the right hand, residuals of a head injury, scar on the middle of the forehead, and frostbite of the hands and feet. The Veteran's current conditions are not related to his military service.

The Board denied all issues related to the Veteran's claims, finding that his right ankle disability did not warrant a compensable rating and that his knee disabilities were rated appropriately. The effective dates for service connection of his knee conditions were also denied.

The Veteran's claim for service connection and increased ratings for basal cell carcinoma scars was granted, with effective dates of November 24, 2003, for the compensable disability rating and May 17, 2013, for the 30 percent disability rating.

The Veteran's claims for service connection are being remanded to the RO for further development and consideration, including addressing a mental disorders examination report from July 2014.

The Veteran withdrew his appeals for increased ratings for depressive disorder and cervical spine disability prior to the Board's decision.

The Veteran's peptic ulcer with closed loop obstruction of the distal jejunum, proximal ileum with venous infarction warrants a 10 percent rating. The abdominal scars are rated as 10 percent.

The Veteran is entitled to a TDIU for the period from January 1, 2011, to September 2, 2014, due to his service-connected disabilities.

The Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance or by reason of being housebound is currently pending. The Board has ordered a remand to obtain an addendum from the VA examiner regarding whether his service-connected disabilities render him in need of regular aid and attendance.

The Veteran has a scar from kidney surgery during service, which is considered a residual of the in-service treatment.,There is no evidence of current residuals of meningitis.

The Board has granted service connection for invasive squamous cell carcinoma of the left lateral distal thigh with metastatic adenopathy involving left inguinal region, post-operative with skin grafting and lymph node dissection, as due to Agent Orange exposure. Service connection is also granted for a scar on the left lateral thigh related to this condition and for lymphedema of the left leg secondary to this condition.

The Veteran's service-connected disabilities do not combine to render him unable to secure or follow substantially gainful employment from April 18, 2014, to March 18, 2016. Therefore, his claim for TDIU during this period is denied.

The Veteran's service-connected disabilities result in a physical incapacity such that he requires regular aid and assistance to dress, undress, toileting, bathing, preparing food, and shopping. As a result, the Board finds SMC based on the need for regular aid and attendance is granted.

The Veteran's TDIU claim is being remanded due to the need for additional information from SSA regarding his disability status and benefits.

The Veteran's claims for service connection for bilateral hearing loss, aortic aneurism, PTSD, and other disabilities have been denied as the evidence does not support a finding that these conditions are related to his military service.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board finds that the evidence is in equipoise as to whether his conditions preclude such employment.

The Veteran's initial compensable evaluations for his service-connected conditions were denied. The Board found that the scar on his right forehead did not meet the criteria for a compensable rating under the applicable VA rating criteria.

The Veteran's appeal is being remanded for additional development, including obtaining VA and SSA records, scheduling appropriate examinations, and readjudicating the claims.