Scars decisions — 2017

The Veteran's claim for increased SMC based on need for higher level of aid and attendance is denied as he does not meet the criteria for receiving SMC at the maximum rate under 38 U.S.C.A. § 1114(o).

The Board has decided to remand the case for additional development, including obtaining medical records and scheduling VA examinations.

The Veteran's service-connected disabilities have rendered him unable to obtain and maintain substantially gainful employment for the entire appeal period.

The Veteran's service-connected disabilities did not render him unemployable prior to September 8, 2011. The Board finds that the evidence does not show he was incapable of securing and following a substantially gainful occupation due to his service-connected conditions.

The Veteran's PTSD, bilateral hearing loss (prior to July 9, 2013), CAD, left calf scar and shell fragment wound residuals, left lower extremity lateral plantar sensory terminal latency, right thigh meralgia paresthetica, headache disability, and low back pain have been granted. The effective date is not specified.

The Veteran's claimed conditions are not service-connected, as there is no evidence of in-service exposure to herbicide agents and the preponderance of the evidence does not support a finding that any current disabilities are related to his military service.

The Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, which include right knee disability, back disability, and other conditions. The Board finds that the Veteran meets the criteria for TDIU.

The Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment.

The Veteran's appeal is being remanded to obtain additional medical records and for further examinations. The claims will be reconsidered based on the new evidence.

The Board has determined that the Veteran does not have a current diagnosis of a scar on his neck, and therefore service connection for residuals of a burn on neck is denied. For the left shoulder scar, a 10% disability rating is granted.

The Veteran's claim for TDIU is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a psychiatric examination.

The Board finds that the Veteran's claim for an earlier effective date for service connection of EDS with multiple joint involvement, including left ankle instability, right and left hip bursitis, right and left knee retropatellar pain syndrome, low back strain, and left ankle tender scar, became part of her pending February 17, 2010 increased rating claim. The effective date for the award is set at June 10, 2010.

The Veteran's paresthesia of the right jaw is rated at 30 percent since October 1, 2006. His status-post insect bite of the right foot with paresthesia has been rated as 10 percent disabling from July 1, 2015. The Veteran's right foot residual scar has been rated as 10 percent disabling since October 1, 2006.

The Veteran's right wrist disability and associated scars are currently rated at 10 percent, which is the maximum schedular rating available under diagnostic codes for range of motion and scars. The Board finds that a higher evaluation is not warranted as there is no evidence of ankylosis or deep, unstable, or painful scars.

The Veteran's claims for increased evaluations for left knee DJD and LLE surgical scar are being remanded due to the need for additional development, including examinations.

The Veteran's claim for service connection for a disability other than chloracne and manifested by acne, cysts, and scars from cyst removal was denied. The claim for an earlier effective date for the grant of service connection for chloracne was also denied.

The Veteran's death was caused by pancreatic cancer, which is not service-connected. The Board finds that the Veteran's COPD and nicotine dependence did not contribute to his death.

The Veteran's claims for an increased rating for his service-connected status post rectal surgery without visible scarring with anal incontinence and TDIU are being remanded due to the need for additional development, including a VA examination.

The Veteran's atrial fibrillation is rated at 60 percent, effective June 8, 2012. The Board found that the symptoms of the service-connected atrial fibrillation meet the schedular criteria for a rating in excess of 10 percent.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining updated medical records and scheduling VA examinations. The claims will be reconsidered after these steps are completed.