Scars decisions — 2017

The Veteran died in March 2008 and the death certificate lists the cause of death as cardiac arrest. The appellant filed a claim for VA burial benefits, but the Board found that the criteria for payment of such benefits were not met due to the Veteran's non-service-connected nature of his death.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining updated VA treatment records and a clarifying medical opinion from an examiner who conducted the January 2015 Disability Benefits Questionnaires (DBQs).

The Veteran's right foot scars were rated as non-compensable prior to March 13, 2017. After the surgeries on March 13, 2017, his scars are now rated at 10 percent.

The Veteran's service-connected disabilities, standing alone, are shown to be of such severity as to effectively preclude all forms of substantially gainful employment.

The Veteran's initial claim for a higher rating for his burn scar to the right leg, ankle, and foot was denied. The Board found that the evidence did not meet the criteria for an evaluation in excess of 10 percent.,The claims for service connection for residuals of a right eye injury (claimed as bilateral eye injury) and trauma to left upper orbit/eyelid without permanent vision problems or pathology (claimed as bilateral eye injury) were reopened. The Veteran now has two new and material evidence-based claims.

The Veteran's appeal for increased ratings on all issues was denied. The Veteran is not entitled to a higher rating for PTSD, tinnitus, or the residuals of a stab wound to the abdomen with laparotomy and small bowel repair with scars as these conditions are already rated at their maximum levels under applicable VA regulations.

The Veteran's combined disability rating meets the criteria for a TDIU, but he is not unemployable due to his service-connected disabilities alone as they do not preclude him from securing and following substantially gainful employment.

The Veteran's claims for increased ratings for intervertebral disc syndrome and left knee osteoarthritis were denied as the evidence did not show that his symptoms resulted in forward flexion of the thoracolumbar spine greater than 30 degrees or a combined range of motion less than 120 degrees.

The Veteran's appeal has been dismissed due to their death. No claims have been decided.

The Veteran's service-connected disabilities rendered him unable to secure or maintain gainful employment beginning in October 1996, and the Board has granted an effective date of October 7, 1996 for TDIU.

The Board has remanded the TDIU claim due to incomplete information and need for additional development, including an addendum opinion considering the Veteran's current enrollment in a vocational rehabilitation program.

The Board denied the Veteran's claims of service connection for bilateral lower extremity disorder, residuals of a right tibia and fibula fracture, and a right leg scar as these conditions are not related to service or any service-connected disability.

The Board has granted a TDIU based on the combined effect of the Veteran's service-connected disabilities, including PTSD, lumbar spine disability, and knee osteoarthritis.

The Veteran's appeal of the right wrist disability claim has been withdrawn. The left foot disability issue is being remanded for additional development.

The Board previously denied the Veteran's claim for service connection for acne and residual scarring from acne. The Court of Appeals for Veterans Claims (Court) has now vacated this decision, requiring further development to determine if the Veteran's preexisting acne was aggravated by her military service.

The Veteran's appeal was granted for PTSD, cold injury residuals of the right and left feet, shell fragment wound scars, arthritis, and TDIU. The Veteran is currently rated at 70% combined disability rating due to his service-connected conditions.

The Board has determined that the Veteran's current kidney stones, kidney cancer and its residuals (right nephrectomy scar), and hypertension are not service-connected. The erectile dysfunction claim is denied as secondary to hypertension.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling new examinations to assess the severity of his service-connected shrapnel wounds.

The Veteran's left ankle disability is rated at 20 percent, and his left foot disability is also rated at 20 percent.,The Veteran's right shoulder scar is currently rated as 10 percent disabling. His left ankle scars are not compensable.

The Veteran's right knee disability, including arthritis and surgical scars, has been granted service connection effective September 25, 2012.