Scars decisions — 2017

The Veteran's service-connected disabilities, including left and right knee arthroplasties, tinnitus, fracture of the fourth metacarpal in the right hand, scarring of the bilateral tympanic membranes, status post bilateral tympanoplasty, left knee scar from arthroplasty, and right knee scar from arthroplasty, have rendered him unable to secure or follow substantially gainful employment. The Board has determined that his TDIU claim is granted.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on being housebound as he is able to leave his home and travel outside of it.

The Veteran's service-connected conditions, including panic disorder and stress urinary incontinence, have rendered her unable to secure or follow a substantially gainful occupation.

The Veteran is not in need of regular aid and attendance due to service-connected disabilities alone, as his COPD, PTSD, lumbar disc disease, and burn scars do not meet the criteria for SMC at a higher rate.

The Veteran's service-connected disabilities prevent him from securing and maintaining substantially gainful employment, meeting the criteria for a total disability rating due to individual unemployability (TDIU).

The Board has determined that further development is needed for the Veteran's right facial scar and TDIU claims, including obtaining updated medical records, arranging for VA examinations to assess the severity of his service-connected conditions, and ensuring proper development of the TDIU claim.

The Veteran's right knee instability and dislocated semilunar cartilage have been granted increased ratings, with a maximum of 20 percent for the latter. Service connection has also been reopened on new evidence.

The Veteran's right hand scars were not service-connected prior to August 31, 2009.,Prior to April 9, 2014, the Veteran did not meet the criteria for a TDIU based on his service-connected disabilities.

The Veteran's painful scarring and recurrent node are not considered to be the result of VA medical treatment, rehabilitation program, or participation in a compensated work therapy program activity. The appeal is denied.

The Board has granted an initial 10 percent rating for the Veteran's right hand long finger disability, finding that it is manifested by painful motion without significant limitation of other digits or interference with overall function.

The Veteran's disability rating meets schedular requirements for TDIU, but further evidentiary development is required to assess the extent of his service-connected disabilities' impact on his employability.

The Veteran's claim for service connection for transmetatarsal amputation of right 5th toe and well healed scars was granted with an effective date of April 8, 2008.

The Veteran's appeal is being remanded to obtain additional records and ensure compliance with previous Board directives. The issues of increased ratings for laceration scars on the right hand fingers and functional impairment are pending.

The Board finds that the Veteran is entitled to service connection for tinnitus due to exposure to acoustic trauma during active service. The right eye disability remains unclear and requires further examination. The total and permanent rating for the right knee replacement will be addressed in a separate decision.

The Board has determined that the Veteran's right hand scars, which he claims are related to an injury sustained during his period of active duty for training (ACDUTRA), meet the criteria for service connection. The decision is based on the Veteran's credible and consistent statements regarding the in-service injury and subsequent hospitalization.

The Board denied the Veteran's claims for service connection for erectile dysfunction and entitlement to special monthly compensation (SMC) based on loss of use of a creative organ. The initial rating for penile scar status post circumcision was granted but at a non-compensable level.

The Board has denied the Veteran's claims for service connection for bilateral eye disorder, headache disorder, prostate cancer, and left hand scar. The evidence does not support a finding of aggravation during service or establish continuity of symptomatology since service.

The Board has determined that the Veteran's service-connected disabilities preclude him from engaging in substantially gainful employment, and thus grants a TDIU.

The Veteran's claim for a TDIU is being remanded due to the need for additional development, including an examination and opinion regarding his service-connected disabilities' impact on employment.

The earliest date it is factually ascertainable that the Veteran was totally disabled by reason of individual unemployability due to service connected disability is December 7, 2010, the date the combined disability ratings were increased to 70 percent.