Scars decisions — 2017

The Board found that the Veteran's service-connected disabilities do not prevent her from securing or following gainful employment, and thus denied her claim for a TDIU.

The Board has denied the Veteran's claims for service connection for a left shoulder disorder and a separate disability rating for pleurisy due to his service-connected pulmonary tuberculosis. The evidence does not support a finding that these conditions are related to service or service-connected disabilities.

The Veteran's claim for increased ratings was denied, with the exception of a grant of a 50% rating for depression effective January 30, 2012. The Veteran is not entitled to a higher rating for his depressive disorder.

The appeal has been dismissed as the appellant withdrew it prior to a decision being made.

The Veteran's appeal for a higher rating for ischemic heart disease was denied, and his TDIU claim is remanded due to the need for additional development.

The Veteran's service-connected disabilities do not include a disability rated as permanent and total, thus he does not meet the legal criteria for entitlement to specially adapted housing or a special home adaptation grant.

The Veteran's heart condition is rated at 30 percent, effective April 9, 2007. The Board also granted entitlement to TDIU.

The Board has determined that there is no evidence to support the Veteran's claim of having Irritable Bowel Syndrome and denied service connection for this condition. The issue regarding a scar above his left eye was also addressed, but as the examination did not provide sufficient information on the etiology of the scar, it remains pending.

The Board found that there was no clear and unmistakable error in the February 1970 rating decision assigning a 10 percent initial rating for the Veteran's service-connected skin cancer and other conditions. The Veteran's skin cancer is not presumed to be related to herbicide exposure, and his neuritis of the left ulnar nerve does not meet the criteria for a higher rating.

The Veteran has withdrawn his appeals regarding the increased ratings for headaches and chest scars, as well as service connection claims for a lumbar spine disorder, left knee disorder, right knee disorder, bilateral pes planus, psoriasis, and hypertension.

The Veteran's claim for a disability rating in excess of 10 percent for recurrent left inguinal hernia was denied. However, the Board granted a 20 percent disability rating for his scar and nerve injury from left inguinal hernia repair effective December 8, 2008.

The Board has reopened the Veteran's claim for service connection for a TMJ disability and granted service connection for a right ear residual scar secondary to her service-connected right ear disability. The issues of service connection for headaches, right eye twitching, and right ear infections remain on appeal.

The Veteran's appeal is denied as his service-connected conditions do not warrant a higher rating under the applicable criteria.

The Board has determined that the Veteran's tremors are caused by his service-connected TIA, major neurocognitive disorder, and CVA. Therefore, service connection for tremors is granted.

The Veteran's service-connected deep nonlinear RLE scars have been granted a 20 percent rating, effective May 6, 2014. His painful RLE scars remain rated at 30 percent as of that date.

The Veteran's appeals have been withdrawn. The Board has determined that the Veteran does not have a current diagnosis of a right testicular/groin disability, right leg disability, or lumbosacral spine disability. Service connection for these conditions is denied.

The Veteran's right knee disability, including his residuals of tibia and fibula fracture with scar and his total knee replacement, is currently rated at 60 percent effective July 1, 2012. The Board finds that the evidence supports a higher rating for these conditions.

The Veteran's obstructive sleep apnea was not incurred in service, and the claim for laceration scars on the face and skull is denied.

The Veteran's TDIU claim is being remanded for additional development to determine the combined effects of his service-connected disabilities on his ability to secure or follow gainful employment.

The Veteran's additional disability, including residuals of a perforated duodenum and scars from a duodenal repair, was not caused by VA medical care. Therefore, the claim for compensation under 38 U.S.C.A. § 1151 is denied.