Scars decisions — 2000

The Board denied the veteran's claim for reimbursement of medical expenses incurred at a non-VA hospital in January 1999, finding that the care was not authorized and did not meet the criteria for payment under VA regulations.

The veteran's undifferentiated somatoform disorder, anxiety attacks, and stress fracture of the right leg are rated at 10 percent each. The veteran is granted a rating in excess of zero percent for migraine headaches.

The Board has granted service connection for residuals of a right eye injury, claimed as diplopia. The claim to reopen the previously denied claim of entitlement to service connection for pancreatitis is also granted.

The veteran's fee-basis outpatient medical care was properly discontinued as the VA facilities in Danville, Illinois were deemed capable of providing the required care.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for disability other than residuals of left brachial arteriotomies and left upper extremity fasciotomies with weakness of the flexor muscles in the distribution of the left median nerve and scarring due to VA evaluation and treatment of his vascular disorder of the left upper extremity. The veteran also seeks service connection for a history of pain and scarring with residuals of surgical repair of a left subclavian artery aneurysm, but the RO has denied this claim.

The veteran's lumbosacral strain with spondylolisthesis, right knee injury, degenerative arthritis of the right knee, and left shoulder injury are all rated at their highest possible levels. The scar of the right lower leg is also rated appropriately.

The veteran has withdrawn his appeal, indicating that he no longer contests the current disability rating and effective date for his shell fragment wound.

The Board found that the veteran did not sustain a broken nose, frostbite of hands, ears, and feet, burns to face, arms, and chest, or cuts on his face and arms during service. The residuals of these conditions were also not shown in the medical records.

The Board denied the veteran's claims for service connection and increased evaluations, finding no evidence of current disabilities that meet VA standards for recognition as a disability.

The veteran's residuals of a shell fragment wound to the right supraorbital ridge are characterized by no more than a slightly disfiguring scar, and an increased evaluation is denied.

The Board found that the veteran's service-connected disabilities do not preclude him from obtaining or retaining substantially gainful employment.

The VA denied an increased evaluation for the veteran's right thumb injury with scar revision, as it does not meet the criteria for a higher rating based on limitation of motion and current medical findings.

The veteran is entitled to a higher rate of special monthly compensation on the basis of need for regular aid and attendance due to his service-connected disabilities. However, he does not meet the criteria for a higher level of aid and attendance allowance.

The Board denied the veteran's claims for compensation under 38 U.S.C.A. § 1151 for arthritis, numbness, pain, and a tender scar from right hip surgery and headaches and facial numbness from facial surgery due to lack of negligence or fault on the part of VA treatment providers.

The Board denied increased ratings for the appellant's left eye disability, PTSD, right ear scar, and right nasolabial fold scar. The current rating of 40 percent for the left eye disability is maintained.

The veteran's allergic rhinitis, dysthymia, status post anterior cruciate ligament reconstruction of the left knee, and scar from nevi on the back are all service-connected. The veteran received a noncompensable rating for dysthymia, which was increased to 30 percent effective April 1997. The veteran's left knee condition is rated at 10 percent since April 1997.

The Board denied an increased rating for the veteran's service-connected scar, residual of fracture of left lower tibia, finding that the evidence did not support a higher evaluation.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of service connection for residuals of a skin graft of the right palm. The Board also found that his preexisting right palm burn scar was aggravated during service, allowing him to establish service connection.

The Board has granted the veteran's claims for evaluations of his service-connected disabilities, including residuals of a gunshot wound to the left thigh and fracture of the left femur with arthritis of the left knee, degenerative changes of the coccyx-femoral joint in the left hip, and a scar on the lateral aspect of the left upper thigh. The ratings are all 10 percent.

The Board has determined that the veteran's low back disability and right os calcaneus fracture with residuals (right thoracotomy scar) are not service-connected, as there is no credible evidence linking these conditions to his active military service.