Scars decisions — 2018

The Veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation, and the Board has granted entitlement to Total Disability Rating Based on Individual Unemployability (TDIU).

The Veteran's post-operative left varicocele and left inguinal hernia with scar are not shown to meet the criteria for a compensable rating.,The Veteran's service-connected infectious hepatitis is rated at 40 percent effective June 19, 2015.

The Veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation.

The Board denied the Veteran's claim for TDIU based on his service-connected disabilities not preventing him from engaging in some form of substantially gainful employment. The motion argued that the decision was CUE because the Veteran met the schedular criteria for a TDIU, but this is not considered clear and unmistakable error.

The Board has granted service connection for tinnitus and awarded a 10 percent rating for the Veteran's right shin scar, finding that it is painful.

The Veteran's service-connected shell fragment wound, dorsal lumbar area and iliac spine, muscle group XX with foreign bodies is rated at 60 percent, which meets the schedular requirement for TDIU.,The Veteran has a combined rating of 70 percent or more due to his service-connected disabilities.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for a higher disability evaluation.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining updated VA treatment records and a VA examination to assess his bilateral hearing loss and scar. The service connection claim will be remanded as well.

The Board has granted a rating of 30 percent for the Veteran's service-connected burn scars on his forehead, both ears, and hands. The effective date is not specified as it was determined that the issue had been previously adjudicated.

The Board has determined that the Veteran's substantive appeal of a June 2013 rating decision was not timely filed, and thus the appeal is denied.

The Veteran's claims for increased ratings for hemorrhoids, as well as his reopenings of claims for acquired psychiatric disabilities, forehead lacerations, and right knee disabilities have been considered. The Board finds new and material evidence has been received to support these reopened claims.

The Veteran's service connection claim for a tender scar on the forehead is denied as there is no evidence of an in-service injury or related condition.

The Veteran is unable to secure and maintain substantially gainful employment due to his service-connected back disability, which limits him from performing physical or sedentary work.

The Veteran's service-connected disabilities have rendered him unable to care for most of his daily personal needs or to protect himself from the hazards and dangers incident to his daily environment without the assistance of others, warranting SMC based on the need for regular aid and attendance.

The Veteran's left thumb scar is currently rated as 10 percent disabling, effective September 30, 2015. Prior to this date, the Veteran was granted a compensable evaluation for his left thumb scar.

The Board has determined that the Veteran's claims of service connection for residual scar to include scar tissue, status post-cesarean section and headaches are denied as there is no evidence showing an in-service event or disease related to these conditions.

The Veteran's service-connected disabilities do not prevent securing or following substantially gainful employment, and the claim for TDIU is denied.

The Board has determined that training and supplies for the construction of fishing poles are necessary to help the Veteran achieve maximum independence in daily living, based on medical opinions supporting this need.

The Veteran's diabetes mellitus, type II, is currently rated at 20 percent and does not meet the criteria for a higher rating. The left hand GSW residuals are rated as moderately severe but do not warrant an increased rating. The other service-connected conditions have been evaluated based on their current ratings.

The Veteran's service-connected abdominal scars, including those from cholecystectomy and appendectomy, are manifested by pain and tenderness. The Board has granted a 30% rating for these scars, effective May 30, 2013.