Scars decisions — 2001

The Board denied the veteran's claim for an earlier effective date of August 24, 1998 for service connection of a scar on his right fourth toe. The issue of whether new and material evidence has been submitted to reopen a stomach disorder secondary to medication used to treat a foot disorder was not addressed.

The Board has denied the veteran's claims for increased ratings for his service-connected disabilities, finding that the evidence does not support a higher rating.

The Board has determined that the veteran's fatal right lung broncheoalveolar cell carcinoma was not incurred in service or a result of any service-connected disability, and thus denied the claim for service connection for the cause of death.

The VA granted service connection for degenerative joint disease of the cervical spine and assigned a 10 percent disability rating, but denied service connection for a cyst on the right foot. The VA also increased the disability rating for the cervical spine from 10 to 30 percent effective October 1, 1995.

The Board denied the veteran's waiver of recovery of an overpayment of VA disability compensation benefits in the calculated amount of $2,480.00 due to fault on the veteran's part for failing to notify VA that he was receiving military retired pay and because failure to recover the debt would result in unjust enrichment.

The veteran's bilateral knee condition is service-connected and rated as noncompensable. The scars, right and left calves, residuals of shell fragment wounds are also rated as noncompensable. The veteran's tinnitus is not compensably disabling. The veteran's PTSD warrants a rating in excess of 30 percent.

The Board has remanded the veteran's claims due to new and existing legal requirements, including the Veterans Claims Assistance Act of 2000. The issues include service connection for hypertension, a pension rating, and reopening of previously denied claims.

The VA denied an increased rating for the veteran's right knee disability and a compensable evaluation for his residual shrapnel wound scars of the right hand.

The veteran's migraine headaches are rated at 50% effective January 2, 2001. The low back disability with left leg radiculopathy is rated at 40%. The tender scar of the right breast remains at 10%. These ratings reflect the severity and impact on the veteran's daily life.