Scars decisions — 2000

The veteran's service-connected left shoulder disability, diagnosed as rotator cuff insufficiency and chronic impingement syndrome of the left shoulder, was granted. The right knee disability is currently rated at 20 percent for postoperative residuals with degenerative arthritis.,Service connection for the left foot disability has been established, and it is currently rated at 10 percent. Service connection for the low back disability has also been established, with a rating of 20 percent. The veteran's gynecomastia condition was granted service connection, with a compensable rating of 10 percent.

The veteran's service-connected disabilities prior to May 25, 1999, were of a nature and severity that prevented him from securing or following any substantially gainful employment.

The Board denied the veteran's claims for increased ratings for shell fragment wound scars of the neck and left mastoid area, residuals of an injury to Muscle Group XXII (MG XXII), and bilateral hearing loss. The RO assigned separate disability ratings for these conditions.

The Board has determined that the veteran does not have a qualifying additional disability resulting from VA hospitalization or medical treatment, and thus compensation under 38 U.S.C.A. ¶ 1151 is denied.

The veteran's service-connected disabilities do not render him in need of regular aid and attendance or housebound, as he is able to perform daily functions and protect himself from hazards.

The veteran's cystic acne and right ankle sprains have been granted increased evaluations, while service connection for a right shoulder contusion secondary to recurrent right ankle sprains has also been established.

The Board has determined that additional development is needed in order to properly adjudicate the appellant's claims, including obtaining an opinion regarding whether any of the veteran's service-connected disabilities caused or contributed substantially or materially to his death.

The Board denied the veteran's claim for an increased evaluation of his service-connected laparotomy scar, currently rated at 10 percent.

The Board denied the veteran's claim for an effective date earlier than October 18, 1997 for a separate rating of his tender scar on the left foot. The issue of entitlement to an increased evaluation for PTSD remains pending.

The Board has determined that additional medical records are needed to properly evaluate the appellant's claims, including those related to his service-connected disabilities and any new disability. The RO is instructed to obtain these records and schedule the appellant for appropriate VA compensation or fee-basis examinations.

The Board has granted a 40 percent evaluation for the residuals of a through and through gunshot wound to the right thigh, Muscle Groups XIV and XV. The scar of the right shoulder is rated at 10 percent, while the scar of the right leg does not meet criteria for an increased rating.

The veteran's lung disorder, skin rashes (including scabies), hypertension, major depression and memory loss, and sleeplessness are not service-connected. The left inguinal hernia is currently evaluated as noncompensably disabling.

The veteran's non-service-connected disabilities do not meet the criteria for a permanent and total disability rating for pension purposes, as his combined evaluation is 10 percent.

The veteran's service-connected scars and muscle damage to Muscle Group I left, due to shell fragment wound are currently rated at 30 percent. The pleural cavity injuries due to SFW with retained fragment in heart muscle, left side were previously rated at 20 percent prior to October 7, 1996, and have been increased to 30 percent effective October 7, 1996.

The veteran's service-connected shell fragment wound scar at the left thigh is rated as a 10 percent disability.

The veteran's service-connected scar, resulting from a wound received in action, is currently asymptomatic and does not meet the criteria for a compensable evaluation.

The VA determined that the veteran's service-connected right ankle disability, characterized by degenerative changes and some localized swelling and tenderness but no more than slight limitation of motion, does not warrant an increased rating.

The Board has not had the opportunity to apply the Veterans Claims Assistance Act of 2000 and there is conflicting evidence regarding the veteran's scars. The case is being remanded for further development, including a VA examination.

The Board has jurisdiction over the veteran's appeal and will review his claims for service connection for hearing loss, tinnitus, PTSD, and scars from shell fragment wounds. The issues of increased evaluation for PTSD and reopening of claim for service connection for malaria are remanded.

The Board denied increased evaluations for scars on the right lower leg, dorsum of the right foot, and left ankle. The veteran's service-connected disabilities do not clearly interfere with normal employability.