Scars decisions — 2017

The Veteran's unauthorized medical expenses incurred at a private hospital for treatment of his seizure disorder and headaches were deemed necessary due to the nature of his condition, which posed a serious threat to his health. The emergency nature of his seizures necessitated immediate care.

The Veteran's initial disability ratings for his scars and disfigurements have been granted, with the highest rating of 30 percent assigned for the residual scars. The effective date is not specified.

The Veteran's claim for a TDIU rating, for purposes of accrued benefits, was denied as the evidence did not show he was unemployable due to his service-connected disabilities.

The Veteran's left eye disorder is service-connected as it was caused by the in-service PRK surgery.,There is no evidence of a right eye disorder being related to service. The current diagnosis of dry eyes with superficial corneal changes may be due to chronic lens wear, not in-service PRK.,The Veteran's bilateral hearing loss and tinnitus are likely related to acoustic trauma during service.

The Veteran's service-connected disabilities, including PTSD, diabetes mellitus type II, and peripheral neuropathy, are of such severity as to preclude him from securing or maintaining substantially gainful employment.

The Veteran's service-connected disabilities prevent him from achieving a vocational goal as an automotive supervisor, and the Board finds that achievement of such a goal is not reasonably feasible.

The Veteran's appeal is being remanded for scheduling a video conference hearing and reissuing the Statement of the Case at her most recent address. The issues include higher initial ratings for various hip and knee disabilities, as well as service connection for bilateral shoulder disability.

The Veteran's claim for a total disability rating due to individual unemployability (TDIU) was denied as she did not meet the evidentiary burden in regards to her service-connected disabilities.

The Veteran's combined rating is 50%, and his service-connected disabilities do not render him unable to obtain and maintain gainful employment. The Board finds that the preponderance of the evidence is against the claim for a TDIU.

The Veteran does not have a current acquired psychiatric disorder, to include PTSD, and has not had such a disability at any point since filing his claim for service connection.,For the entire period on appeal, the Veteran's left calf wound disability has manifested as a moderate muscle disability due to pain, stiffness, leg cramps, a residual shrapnel fragment, inability to sit on hard surfaces for long periods of time, and tenderness, but a moderately severe or severe muscle disability has not been shown during the appeal.

The Veteran's service-connected disabilities are being remanded for additional examination and development as the last VA examinations were conducted over 6 years ago.

The Board has determined that the Veteran's residuals of malignant melanoma, diagnosed as a scar, are related to his exposure to herbicide agents during service and grants service connection for this condition.

The Veteran's service-connected disabilities (PTSD, headaches, and recurrent bartholinitis with a scar) preclude her from securing or following a substantially gainful occupation.

The Veteran's service-connected disabilities are of such severity prior to October 30, 2015 that they preclude substantially gainful employment.

The Veteran has withdrawn all issues on appeal, including the issue of entitlement to a TDIU. As such, the Board dismisses the appeal for a TDIU.

The Veteran's service-connected PTSD and scar disability did not prevent him from securing or following gainful employment prior to his death in December 2009.

The Veteran's service-connected disabilities, including left eyebrow scar, optic nerve damage with defective vision and glaucoma in the left eye, acromioclavicular joint osteoarthritis of both shoulders, degenerative arthritis of the spine, cerebral concussion with impairment of balance, maxillary sinusitis, residuals dislocation of the 2nd and 3rd toes on the left foot, and burns to the right leg, meet the schedular percentage requirements for a TDIU since February 7, 2007.

The Veteran's service-connected disabilities, alone, are not of such severity to preclude him from securing or following substantially gainful employment.

The evidence does not show the Veteran is unable to secure or follow substantially gainful employment due to his service-connected disabilities.

The Veteran is seeking compensation under 38 U.S.C. 1151 for a right eye condition, including existing disabilities of glaucoma and corneal herpetic disease and resultant scarring. The case has been remanded to obtain additional records related to the July 2014 corneal debridement procedure performed at the Long Beach VAMC.