Scars decisions — 2001

The Board has granted an effective date of January 31, 1997 for the award of a 10 percent evaluation for the veteran's left fourth and fifth toe soft corn excision scar residuals.

The veteran's service-connected disabilities do not preclude him from obtaining and retaining all forms of substantially gainful employment.

The veteran's facial scars are rated at 30 percent disabling, effective March 31, 1993. A separate 10 percent evaluation is granted for painful scars of the face from June 16, 1998.,For his neck disability, a 20 percent rating is assigned since March 31, 1993.

The Board denied an increased rating for the service-connected residual appendectomy scar, finding that it did not meet the criteria for a compensable rating based on current symptoms and examination findings.

The Board has determined that the veteran's gynecological disorders, including uterine prolapse, hysterectomy, bilateral oophorectomy, colporrhaphy, and pelvic adhesions with lower quadrant pain are not related to her period of active service. The appendectomy scar is also not productive of any functional impairment or symptomatology warranting a compensable evaluation.

The veteran's claim for an effective date prior to April 1, 1999, for the payment of additional compensation for his spouse and four children is denied. The VA awarded him a dependency allowance effective April 1, 1999, based on information provided by the veteran in April 1999.

The veteran's effective dates for a 70 percent evaluation for PTSD and TDIU were granted as of April 14, 2000.,His TDIU was also granted on September 25, 2000.

The Board denied entitlement to a compensable disability rating for the service-connected left varicocele, residuals of fractures of the left great toe and left third toe, and scars of the mid-finger of the right hand and left axilla.

The Board denied an increased evaluation for the residuals of a left parotid tumor resection with scar and facial asymmetry and right parotid tumor, as well as a compensable disability evaluation for internal hemorrhoids with a scar on the left buttock.

The Board has remanded the case due to insufficient evidence and need for further development, including obtaining service medical records and personnel files.

The appellant's disabilities do not meet the criteria for a permanent and total disability rating for pension purposes due to his combined disability rating of 40 percent.

The veteran's claims for higher ratings on his varicose veins, disfiguring scars, limitation of motion in the cervical spine, and scars with neuropathy were all denied. The current ratings assigned are considered appropriate.

The veteran's bilateral hearing loss is rated at 10 percent, and the claim for a higher rating remains pending.,For his tinnitus, an additional 10 percent rating has been granted on an extraschedular basis due to its severity.

The veteran's claim for payment or reimbursement of medical expenses incurred at St. Raphael's Hospital from January 15, 1998 to March 27, 1998 is denied as VA did not authorize the treatment and the veteran does not qualify under unauthorized medical expenses provisions.

The veteran's service-connected disabilities have been rated appropriately, and the claims for increased ratings are granted.

The veteran's TDIU rating was awarded effective November 19, 1998. The Board found that the earliest point at which it could be factually ascertained that he was unable to secure or retain substantially gainful employment due to service-connected disabilities was on a VA examination in November 1998.

The veteran's service-connected disabilities do not result in loss or permanent loss of use of one or both feet, as required for eligibility for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment.

The Board found that the veteran's PTSD and left forearm shell fragment wound with scar do not meet or approximate criteria for a higher rating under VA's rating schedule, thus denying his claims.

The veteran seeks a total rating based on unemployability due to service-connected disabilities. The RO needs to conduct additional VA examinations and obtain medical records for the veteran's claim, including an examination of his physical disabilities and a psychiatric evaluation for PTSD.

The veteran's claim for special monthly compensation based on the need for regular aid and attendance or being housebound was denied as he did not meet the criteria for either benefit.