Scars decisions — 2000

The veteran was found to be unemployable due to service-connected disabilities as of September 14, 1996. The effective date for the grant of a total compensation rating based on individual unemployability is set at September 14, 1996.

The veteran's claims for increased evaluations and service connection have been denied. The RO has assigned noncompensable evaluations to the veteran's current disabilities.,Service-connected residuals of fracture of the right tibia and medial malleolus are currently rated at 10 percent, which is the maximum schedular rating available under Diagnostic Code 5262.

The Board denied the veteran's claims for increased ratings, finding that his scars are noncompensably disabling and his left knee disability is currently evaluated at 30 percent.

The veteran's postoperative residuals of an umbilical hernia are currently evaluated as 10 percent disabling, with no evidence of recurrence or significant functional impairment.,The veteran's postoperative residuals of excision of osteochondroma of the left humerus have been rated noncompensably disabling due to lack of any residual symptoms or limitations.

The veteran was granted service connection for PTSD and peripheral neuropathy of the feet, and his scar on the posterior chest wall received a non-compensable disability evaluation that has been increased to 10 percent.

The Board has determined that the veteran's residuals of shell fragment wounds to the right thigh and buttock warrant an increased evaluation of 30 percent, with separate evaluations for tender scars.

The VA denied increased evaluations for the veteran's scars and residuals of exostosis, as well as service connection for postoperative residuals of exostosis. The RO affirmed previous determinations.

The Board denied the veteran's claims for an increased evaluation for his chorioretinal scar of the left eye and service connection for stomach ulcers, finding that there was no evidence to support a higher rating or service connection.

The Board denied the veteran's claims for increased ratings for his anxiety reaction with PTSD and shell fragment wound scars, finding that the evidence did not support a higher rating based on the severity of his symptoms.

The Board has granted an increased evaluation of 10 percent for the veteran's service-connected residual scar of the left hand, but denied a higher rating.

The Board has denied the veteran's claims for service connection for stomach ulcers and an increased rating for multiple scars, feet and legs due to skin infection. The evidence does not support a finding of service connection for stomach ulcers, as there is no medical evidence showing a nexus between any current peptic ulcer disease and service. For the scars, the maximum ratings under Diagnostic Codes 7803 and 7804 have been assigned.

The veteran's appeal is being remanded to the RO for consideration of his claim, including staged ratings and entitlement to 'staged' ratings in accordance with Fenderson v. West, 12 Vet. App. 119 (1999).

The Board has affirmed the denial of a permanent and total disability evaluation for pension purposes, citing incomplete evaluations of non-service-connected disabilities.

The Board has determined that the termination of the veteran's TDIU rating as of August 1, 1997 was not proper and restored a TDIU rating for the period from August 1, 1997.

The VA has determined that the veteran's right knee laxity does not warrant a rating higher than 10 percent.,The arthritis of the right knee, while causing some limitation in motion and pain, does not meet the criteria for a higher evaluation.

The Board denied the veteran's claim for a separate additional rating for his scar on the right temporoparietal area, finding that it did not meet the criteria for a compensable schedular evaluation.

The Board has granted a 10% evaluation for the veteran's service-connected fragment wound scarring of the left lower extremity, effective from October 26, 1999.

The veteran's PTSD is rated at 30 percent, which does not meet the criteria for a higher rating. The veteran's other disabilities do not render him unemployable and thus he is denied a permanent and total disability evaluation for pension purposes.

The Board denied the veteran's claims for service connection due to a lack of medical evidence showing a current disability and no in-service injury or condition that could be linked to his claimed conditions.

The veteran died more than 25 years after discharge from service and had several service-connected disabilities. However, they were not individually or in combination rated or ratable at 100% disabling for ten or more years immediately preceding his death.