Scars decisions — 2001

The Board has granted an effective date of October 3, 1996 for the grant of a 10 percent evaluation for painful scar from postoperative varicocele ilio-inguinal nerve. The claim for extraschedular evaluation under 38 C.F.R. § 3.321(b)(1) was denied.

The Board denied the veteran's claims for higher ratings for his service-connected right and left lateral thigh scars, finding that they do not meet the criteria for a compensable rating under any applicable Diagnostic Codes.

The veteran's claims for increased ratings for post-thrombotic syndrome, umbilical hernia, surgical scar of the left patella, and residuals of a left patella fracture have been denied as there is no evidence of stasis pigmentation or eczema in the lower extremity, small asymptomatic umbilical hernia, limited knee function not attributable to the scar, and no ankylosis of the knee.

The veteran's right lower extremity muscle gunshot wound disability, including the quadriceps and hamstring muscles, is rated at 10 percent. The VA has also granted service connection for his right knee arthritis due to this disability.

The veteran's claim for an increased rating for residuals of an injury to the left middle finger was denied by the RO, as his disability is currently rated at 10 percent and does not meet the criteria for a higher rating.

The Board denied the veteran's claim for an extension of a temporary total rating based on convalescence under 38 C.F.R. § 4.30, finding no medical evidence demonstrating severe post-operative residuals from his December 1999 surgery.

The veteran's claims for increased ratings were denied. The Board found that the evidence did not support a higher rating for left knee instability, left thigh scar residuals of a shell fragment wound with left knee arthritis and ankylosis, or PTSD.

The Board denied the veteran's claims for increased evaluations and effective dates related to his service-connected disabilities, including residuals of an excision of a benign right testicle nodule and residuals of a scar of the lower lip.

The appellant's schizophrenia prevents him from working, and he is found unemployable by reason of his disabilities.

The Board found that the interruption of vocational rehabilitation benefits was proper, but the discontinuance of these benefits was not. The veteran's case was placed in 'interrupted status' and then later in 'discontinued status'.

The Board has granted a disability evaluation of 30 percent for residuals of a gunshot wound to the left thigh with retained foreign bodies, and denied an increased rating for multiple scars on the right forearm.

The Board denied a TDIU rating, finding that the veteran's service-connected disabilities alone do not render him unemployable.

The veteran's skin disorder was not present until many years after separation from service and is not listed among the disorders which may be presumed to have resulted from exposure to herbicides. The RO denied his claim for service connection based on this evidence.

The Board has determined that the veteran's neck injury and facial scars are not related to his service-connected disabilities, resulting in a denial of both issues.

The veteran's claims for increased ratings and compensable ratings were denied. The RO granted service connection for residuals of a fracture of the mid portion of the left ulna and olecranon process, impairment of the seventh cranial nerve, laceration scar of the upper scalp, and trichiasis of the left lower eyelid with noncompensable ratings assigned.

The VA has determined that the appellant's service-connected disabilities do not meet the criteria for a total disability rating based on individual unemployability.

The Board has denied the veteran's claims for increased ratings for his service-connected dermatomycosis of the feet and buttocks, as well as his residual scars from shell fragment wounds of the face, left thigh and back. The evidence does not support a finding that these conditions warrant any higher rating.

The veteran's lumbosacral strain was granted a 40 percent evaluation effective October 28, 1998. The TDIU claim is also granted.

The veteran's appeal was denied for service connection of a low back disorder and for increased evaluations for PTSD, post-traumatic migraine headaches, tinnitus, residuals of a left knee injury with post-traumatic arthritis, status post excision of fibromatosis with residual scar, and mid-occipital scalp scar. The RO confirmed noncompensable ratings for hearing loss and scar, residual of a left temple gunshot wound.

The veteran's claims for increased evaluations for his low back disorder, right leg varicose vein stripping scars, hemorrhoids, and knee disorders were denied. The RO found that the evidence did not support an evaluation in excess of 10 percent for any condition.