Scars decisions — 2017

The Veteran's cause of death is service-connected due to the prescribed medications for his service-connected disabilities causing multiple drug toxicity.

The Board finds that the Veteran is unable to secure or follow a substantially gainful occupation as a result of his service-connected disabilities, and grants TDIU for this appeal period.

The Veteran's PTSD is rated at 70 percent disabling, effective December 14, 2010. The Board granted a TDIU rating from that date.

The Board denied the Veteran's claim for service connection for a lung disability, including asbestosis, pleural scarring, and fibrosis. The evidence did not support a finding that his current lung disability was caused by in-service asbestos exposure.

The Veteran's service-connected disabilities are currently rated at a total of 60 percent, and the Board has determined that his TDIU claim should be granted due to his inability to secure or follow a substantially gainful occupation.

The Veteran's claims for compensation under 38 U.S.C. § 1151 were denied as the evidence did not show that VA was at fault in providing medical care, and the complications resulting from the surgery were reasonably foreseeable.

The Veteran's appeal is being remanded due to the need for a VA examination and compliance with previous remand orders.

The Veteran's service-connected disabilities make it impossible for him to obtain or retain substantially gainful employment, and the Board has granted a total rating based on individual unemployability.

The Veteran's scar, status post cyst removal is granted a 10 percent rating. The Veteran's left branchia, cleft cyst, status post cyst removal with recurrent infection is granted service connection.

The Veteran's appeal for an increased rating for atopic eczema with tinea pedis, onychomycosis, scars, and plantar keratosis was withdrawn. The claims of service connection for hyperlipidemia (high cholesterol and triglycerides) and diabetes mellitus were denied as there is no evidence that these conditions are related to service.

The Veteran's postoperative residuals of compartment syndrome of the right leg are currently rated at 30 percent, and his surgical scar is rated at 10 percent. The Board finds that neither condition warrants a higher rating.

The Veteran's left groin scar was considered to be small, painful and stable. A rating of 10 percent has been granted for this condition.

The Board has determined that the Veteran's service-connected disabilities, including obstructive sleep apnea, polycythemia, right and left knee arthroplasties, degenerative disc disease of L4-5, left forearm scar, and abdomen scar, preclude him from securing or following a substantially gainful occupation.

The Veteran's intraoperative spiral midshaft fracture of the left humerus occurred in a VA facility on February 24, 2009. The Board has determined that additional development is needed to determine if this fracture resulted in any additional disability and whether it was caused by carelessness or negligence.

The Veteran's service-connected right shoulder reconstruction disability has been productive of at least painful motion since the date of his claim for an increased rating, and he is now entitled to a minimum disability rating of at least 20 percent.

The Veteran's claims for earlier effective dates for separate compensable ratings for service-connected tender scars of the left and right calves have been denied as there is no evidence of entitlement to these ratings prior to April 12, 2011.

The Board has ordered a remand due to the need for additional development, including obtaining an examination and opinion regarding whether the Veteran's cervical spine condition is caused or aggravated by his service-connected conditions.

The Veteran's service-connected disabilities, including PTSD, do not render him unemployable. The Board finds that the evidence does not support a finding of total social and occupational impairment due to his service-connected conditions.

The Board has determined that the Veteran does not have a current disability manifested by joint pain and osteoarthritis, to include fibromyalgia; thoracolumbar back and cervical spine disabilities; bilateral leg disability; right and left knee disabilities (other than service-connected left knee scars); an abdominal or gastrointestinal disability; respiratory disability (sinusitis and allergic rhinitis). Therefore, the claims for these conditions are denied.

The Veteran's service-connected degenerative arthritis of the lumbar spine, cervical spine and right knee internal derangement and arthroscopic surgery have been granted a rating in excess of 20 percent. The left knee scar has not met criteria for a compensable evaluation. The open angle glaucoma with toxic keratopathy of both eyes remains at an initial 10 percent disability rating.