Scars decisions — 2001

The veteran's chest pains were not related to his service-connected disabilities, and he was not receiving a total disability evaluation for any service-connected disability at the time of the private treatment. The VA Medical Center in Walla Walla denied reimbursement or payment due to lack of prior authorization.

The Board granted service connection for a ventral hernia as secondary to service-connected ulcer disease with gastrectomy and vagotomy, effective May 1, 1996. A separate evaluation of 20% was assigned for the ventral hernia. The veteran's low back disability remains at 40%. Service connection for status post vagotomy is denied.

The Board has determined that additional development is required due to the need for a VA examination and review of medical records.

The veteran's second-degree burn scars on the right and left upper extremities are rated at 10 percent each, with no higher ratings possible under applicable diagnostic codes. The face and neck scars do not meet criteria for a compensable rating.,Mild hypertension is currently rated as 10 percent disabling, effective from April 16, 1999. Prior to that date, the veteran's hypertension was rated noncompensably disabling.

The Board denied the veteran's claims for service connection and initial ratings for various hearing, ear, and gastric conditions. The RO also granted service connection for tinnitus but assigned a noncompensable rating to his left ear hearing loss.

The Board found that the veteran's right nostril scar is no more than slightly disfiguring and did not result in any functional impairment, thus denying a compensable evaluation. The claim for a permanent and total disability rating for nonservice-connected pension purposes was also denied.

The Board has determined that the veteran's right upper arm scar, residual of excision of sinus tract, does not warrant a rating in excess of 30 percent.

The veteran's claim for a permanent and total disability rating for pension purposes was denied because he failed to appear for VA examinations scheduled in December 1998 and April 2000, and there is no evidence of record showing that his disabilities render him permanently and totally disabled.

The VA has denied the veteran's claims for increased evaluations for his cervical spine disability and right eye disorder, finding that the current symptoms do not warrant a higher evaluation under the applicable rating criteria.

The veteran's disabilities do not render her unable to care for her daily personal needs without assistance from others, or unable to protect herself from the hazards and dangers of daily living on a regular basis. The RO denied entitlement to special monthly pension by reason of being in need of regular aid and attendance or on account of being housebound.

The veteran's cause of death was service-connected, but the appellants are not eligible for Chapter 35 educational assistance benefits due to age requirements.

The RO denied the veteran's claims for increased evaluation of a hernia residual scar, service connection for an obstructive lung defect (claimed as due to an undiagnosed illness), and diabetes mellitus. The RO also referred the issue of seeking service connection on account of a left knee disability to the RO for appropriate action.

The veteran's service-connected disabilities prevented him from securing and maintaining gainful employment as of May 22, 1997. The effective date for the TDIU rating is set at this date.

The Board denied the veteran's claims for increased ratings and service connection for various disabilities, including a low back disability, right ankle disability, and right knee disability. The RO granted service connection for left distal fibula fracture and closed reduction and external fixation tibia fracture with iliac crest bone graft, but denied other requested benefits.

The Board denied the claim for a total rating based on individual unemployability due to service-connected disabilities, finding that the appellant did not meet the criteria for such a rating. The appeal also included a claim under 38 U.S.C.A. § 1151 for compensation benefits for a right arm disorder, which was pending at the time of the decision.

The veteran's skin cancer claim is pending. The left breast scar and right hand disability claims have been denied.,The veteran's service-connected left breast scar has a current rating of 0%.

The Board denied increased evaluations for various service-connected conditions, finding that the evidence did not meet the criteria for higher ratings under either version of the applicable rating criteria.

The appellant's service-connected disabilities prevent him from securing or following a substantially gainful occupation due to his bilateral frozen feet, PTSD and right thigh gunshot wound disabilities.

The Board denied both claims for initial evaluations, finding that the veteran's scars do not meet the criteria for a higher evaluation based on their current severity.

The Board has determined that the veteran does not have residuals of a right wrist injury, a scar on his forehead, or broken teeth due to service. The VA examinations did not find any current disabilities related to these conditions. For the remaining claims for undiagnosed illnesses, there is insufficient evidence to establish a connection between the claimed disorders and service.