Scars decisions — 2019

The Veteran's claim for a disability rating of 50 percent or higher for PTSD has been granted, effective from the date of this decision. The Veteran is currently rated at 30 percent for his service-connected PTSD.

The Veteran's claims of service connection for various conditions have been withdrawn. The Board has also dismissed the claim for a compensable evaluation for left ear hearing loss. The case is REMANDED for further action regarding PTSD.

The Veteran's service-connected disabilities, including shrapnel wounds of the abdomen and right knee, TKA for his right knee, painful scars, ventral hernia, gunshot wounds to the thigh, tinnitus, bilateral hearing loss, and a scar from his right knee replacement, prevent him from securing and following substantially gainful employment. The Board has granted a TDIU based on these disabilities.

The Board has remanded the cases for further examination and opinion regarding the severity of the Veteran's service-connected left ring finger scar and limitation of motion. The Veteran is seeking higher ratings for these conditions.

The Veteran's claim for service connection for diabetes mellitus was denied as new and material evidence had not been submitted. The claims for breathing difficulty and left lung condition were granted.,Service connection is established for breathing difficulty associated with chemical pneumonia, and the left lung condition (nodule and scarring) is also linked to service-connected chemical pneumonia.

The Veteran's claims for earlier effective dates and initial ratings have been denied. The Board found that the criteria for an earlier effective date were not met, as the effective date assigned was the day following discharge from service. For other issues, no higher rating could be assigned based on current evidence.

The Board has restored a 10 percent evaluation for the Veteran's service-connected status-post right inguinal herniorrhaphy with surgical scar, effective June 1, 2015. The reduction from 10 percent to zero percent was not proper due to lack of improvement in the Veteran's ability to function under ordinary conditions.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment. The Board denied the claim for TDIU as his unemployment is not due to his service-connected conditions.

The Veteran's disability rating for residuals of shell fragment wounds, left chest thoracotomy and restrictive pulmonary disease with scar was denied as it did not meet the criteria for a higher rating prior to March 1, 2010.,The Veteran's disability rating for residuals of shell fragment wounds, left chest thoracotomy and restrictive pulmonary disease with scar was also denied after March 1, 2010, as his condition did not meet the criteria for a higher rating.

The Veteran's status post-surgery to correct right testicular torsion; epididymitis; epididorchitis did not result in recurrent symptomatic infection requiring drainage/frequent hospitalization greater than two times a year, and/or continuous intensive management of his symptomatology. The residual scar associated with the surgery was painful.

The Board has decided to remand several issues for further development, including increased ratings for PTSD and residuals of tumor, as well as service connection claims related to the Veteran's right mandibular gland mass. The TDIU issue is also raised and will be addressed on remand.

The Board has determined that the Veteran does not have a current diagnosis of any claimed left shoulder, hand, nerve disorder, or scar. Therefore, service connection for these conditions is denied.

The Board has remanded the Veteran's claims for service connection for malignant melanoma, seborrheic keratosis, multiple squamous cell carcinomas, and scars due to exposure to Agent Orange in Vietnam. The case is being returned to VA for further development.

The Board has granted a 10 percent disability rating for the Veteran's service-connected left internal sphincterotomy and related scar, effective from the date of the decision.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and development of her case.

The Board has dismissed the appeal due to the death of the appellant, and no effective date or rating adjustments are granted.

The Veteran's claims for increased ratings for her service-connected surgical scar were denied. The appeal was dismissed as the Veteran withdrew her claim for special monthly compensation based on housebound status beyond November 30, 2011.

The Veteran's service-connected disabilities render her unable to secure and follow a substantially gainful occupation, warranting the grant of TDIU.

The Veteran's multiple service-connected physical disabilities render him unable to secure and maintain employment, thus meeting the criteria for a TDIU.

The Veteran's service-connected disabilities, in aggregate, preclude him from securing or following substantially gainful employment.