Scars decisions — 2001

The VA denied the veteran's claim for an initial compensable evaluation for a genitourinary scar, status post meatus mass removal due to lack of evidence showing significant impairment or disability.

The veteran's appeal is being remanded to obtain additional medical information concerning the severity of his service-connected right hand and forearm scars.

The Board has granted the veteran's claims for temporary total ratings based on periods of residence at COPIN in 1990 and denied his claim for annual clothing allowance for 1998.

The Board has determined that the veteran's claims for increased evaluations of his service-connected osteoid osteoma of the left femur, duodenal ulcer, and surgical scar of the left thigh are denied. The ROIC will need to review all evidence added since the last decision.

The VA has determined that the veteran's service-connected defective vision of the left eye with corneal scars does not warrant an increased rating beyond the current 30 percent evaluation.

The Board denied an increased rating for the veteran's service-connected scars due to lacerations of the face and right eye, finding that the condition is primarily manifested by several slight scars on the forehead, a barely visible scar over the right eye, a slightly visible scar on the upper lip, and moderately disfiguring scarring on the nose. The Board concluded that the evidence did not support an increase in the disability rating.

The VA denied the veteran's claim for payment or reimbursement of unauthorized medical expenses for private care rendered on May 24, 1999 due to lack of authorization and because the treatment was not in a medical emergency that would have been hazardous to life or health.

The veteran is seeking an effective date prior to May 26, 1999 for a total rating due to unemployability caused by service-connected disability. The RO has granted this claim but only based on evidence of unemployability dated in August 1981, which was not considered when the May 1984 decision severed service connection for his psychiatric disability.

The Board has granted service connection for a scar beneath the right eyebrow and an increased disability evaluation of 20 percent for residuals of a gunshot wound to the abdomen.

The Board denied the appellant's claims for basic eligibility for nonservice-connected VA death pension benefits and entitlement to accrued benefits due to a lack of pending claims at the time of the veteran's death. The claim for service connection for the cause of the veteran's death is addressed in the remand portion.

The veteran's unauthorized private hospitalization and care from June 27 to July 7, 1998 was deemed appropriate due to the nature of his ongoing medical needs related to his service-connected psychiatric disability. VA facilities were not feasibly available for transfer at that time.

The Board has denied the veteran's claims for service connection for bilateral hearing loss, a nervous disorder to include depression, and compensable ratings for residuals of a scar of the left thumb and residuals of a fracture of the left ankle. The evidence did not establish that these conditions were incurred or aggravated by service.

The veteran's TDIU claim was granted effective March 9, 1999. However, the Board found that he did not meet the criteria for an earlier effective date due to his failure to demonstrate unemployability within a year prior to filing the claim.

The veteran's service-connected shell fragment wound of the throat with scar and retained foreign body does not preclude him from obtaining or retaining gainful employment, thus a total rating based on individual unemployability is denied.

The Board dismissed the motion for revision of its October 1983 decision denying an increased rating for residuals of a linear scar on the right upper eyelid, finding that the veteran did not set forth specific allegations of error either of fact or law.

The Board denied the veteran's claims for increased ratings for his service-connected torn ligament, right knee, and scar, posterior scalp, laceration.

The Board has determined that the veteran's service connection claim for an iris cyst in the right eye is denied as there is no current disability and no treatment since service. The issue of facial scars of the left eyelid and chin will be addressed in a separate decision.

The Board has determined that the veteran is entitled to benefits under 38 U.S.C.A. § 1151 for abdominal scarring due to a radical prostatectomy performed in April 1993, and assigned a 10 percent evaluation effective August 29, 1994. The Board also found that the veteran's claim for an earlier effective date is granted.

The Board found that the veteran's cause of death was not related to his service-connected disabilities, and thus denied the claim for service connection for the cause of the veteran's death.

The Board denied the veteran's claims of entitlement to service connection for tinnitus, hand tremors, and facial scars. The evidence did not support a finding that these conditions were incurred in or aggravated by military service.