Scars decisions — 2016

The Veteran's appeal is being remanded for additional development, including obtaining his Tricare treatment records from Moody Air Force Base.

The Board has been notified of the appellant's withdrawal of the appeal and, therefore, the appeal is dismissed.

The Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment, and the Board has granted a TDIU effective June 16, 2010.

The Board has determined that the Veteran's claimed low back, right leg, left leg, and left eye disabilities are not service-connected as they were not incurred or aggravated during his military service.

The Board denied the Veteran's claims for service connection for Crohn's disease, a neck condition, and an acquired psychiatric disorder. The Board found that there was no evidence of chronic conditions in service or continuity of symptoms after service, and concluded that the current disabilities are not related to service.

The Veteran's claim for an initial disability rating in excess of 20 percent for service-connected left ankle osteoarthritis, status-post open reduction internal fixation with scars is being remanded due to the need for additional development including a VA examination and obtaining relevant medical records.

The Veteran's service-connected PTSD with TBI and traumatic encephalopathy, along with other nonservice-connected conditions, necessitates the need for regular aid and attendance of another person. The Board has determined that this meets the criteria for SMC based on aid and attendance.

The Board denied the Veteran's claim for an earlier effective date for TDIU, finding that equitable tolling and/or waiver of the time limit for perfecting an appeal were not met. The earliest pending claim was received on August 28, 2008.

The Veteran's service-connected disabilities did not render him unable to secure and follow a substantially gainful occupation prior to January 27, 2011. The Board denied the claim for TDIU based on the evidence showing that his service-connected conditions did not prevent him from securing or following a substantially gainful occupation.

The Veteran's service-connected disabilities do not render him unemployable, as he is able to work despite his lumbar spine disability and other conditions. The Board finds that the evidence does not support a finding of total occupational impairment due to the Veteran's service-connected disabilities.

The Veteran's claims for service connection for various conditions have been denied. The Board found no evidence to support the Veteran's assertions that these conditions are related to his military service.

The Board has determined that the Veteran's right hand disability, diagnosed as status post carpal tunnel syndrome release, is due to military service and grants service connection for this condition.

The Veteran's appeal is being remanded to provide him with a Board hearing at his current address. The issues on appeal include the initial rating for scars, bilateral hearing loss, tinnitus, and a right knee disorder.

The Veteran's hypertension, bilateral pes planus, scar above the right eyebrow, and allergic rhinitis were not found to warrant higher ratings. The Veteran's patellofemoral pain syndrome with synovitis was also denied.

The Veteran's claims for initial compensable evaluations for his service-connected right arm disabilities and a compensable evaluation based on multiple, non-compensable service-connected disabilities are being remanded due to the need for additional examinations.

The Veteran's appeals for earlier effective dates and initial ratings have been withdrawn. The appeal for a temporary total rating due to right wrist fusion is dismissed.

The Veteran's claim for a higher rating for his right shoulder disability is being remanded due to the need for additional examinations and development of medical records.

The Veteran withdrew his appeal for a compensable evaluation for a left leg scar before the Board could make a decision.

The Veteran's left shoulder disability was rated at 20 percent, the maximum schedular rating available for limitation of motion to shoulder level. The Board found no evidence of more severe impairment.

The Board finds that the Veteran's service-connected chorioretinal scarring with tiny limbal cornea scarring does not meet or approximate the criteria for a compensable rating under the applicable VA rating schedule.