Scars decisions — 2018

The Veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of this case as he is no longer alive.

The Board has granted effective dates of December 1, 2005 for the award of TDIU and DEA eligibility under accrued benefits purposes.

The Veteran's service-connected disabilities do not render him unemployable or unable to secure and follow a substantially gainful occupation.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his service-connected left foot conditions.

The Board has ordered additional development to obtain outstanding treatment records and a VA medical opinion regarding the cause of the Veteran's death. The case is being remanded for these actions.

The Veteran's appeal is being remanded for further review due to the need to determine if he meets the criteria for a TDIU on an extraschedular basis.

The Veteran's service-connected disabilities, including PTSD, coronary artery disease, and varicose veins of the left leg, have rendered him unable to secure or follow a substantially gainful occupation.

The Board found that the Veteran's service-connected conditions did not cause or contribute to his death, and concluded that his PTSD did not substantially or materially contribute to his death. The Board also noted that there was no evidence of suicide attempts related to PTSD.

The Veteran's TMJ disability is not service connected. The Veteran's hyperparathyroidism, cervical spine disability, peripheral neuropathy of the right and left upper extremities, and anemia are all rated at their maximum levels.

The Veteran's service-connected disabilities do not prevent him from following a substantially gainful occupation, and therefore the criteria for TDIU have not been met.

The Veteran's facial deformity, residual of fractured nose, is rated at 10 percent. He also has a tender scar on his nose and ptosis with laceration of the left upper eyelid with keloid formation, both rated at 10 percent.

The Veteran is seeking a TDIU from November 6, 2006 to December 23, 2008. The Board has determined that the case should be remanded for consideration of extraschedular TDIU.

The Veteran's appeal is remanded for additional development, including VA examinations to assess the severity of his service-connected disabilities and determine the nature and etiology of his lower back disability. The issue of entitlement to a TDIU is also inextricably intertwined with these claims.

The Veteran's service-connected disabilities result in the functional equivalent to the loss of use of a foot, warranting automobile and adaptive equipment or adaptive equipment only.

The Veteran's left chest coronary artery bypass grafting scar is manifested by a linear scar that does not result in any disabling effect and is therefore rated as noncompensable.

The Veteran is granted a separate 10 percent rating for a residual scar from bilateral inguinal hernias, effective March 19, 2009. The other claim for a compensable rating for the residuals of the inguinal herniography was denied.

The Veteran's service-connected disabilities, including PTSD, major depressive disorder, ischemic heart disease, tinnitus, scars, bilateral hearing loss, and urticaria, combine to a 70 percent disability rating. The Board finds that the evidence supports the assignment of a total disability evaluation based on individual unemployability due to service-connected disabilities.

The Veteran's appeal involves three issues: service connection for a lumbar spine disability, residuals of a left foot laceration with scarring, and bilateral hearing loss. The case is being remanded to obtain additional development including service personnel records, VA examinations, and audiogram results.

The Veteran's appeal is being remanded for a new VA examination to assess the severity of his service-connected appendectomy scar, which has worsened or was incompletely evaluated in previous examinations.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted entitlement to TDIU.