Scars decisions — 2001

The Board denied service connection for residuals of a burn to the left foot and ankle, as well as ischemia of both lower extremities due to abdominal surgery. The veteran's claim for an increased rating for his service-connected burn scars of the right foot was granted with a noncompensable rating.

The Board has remanded the case for further development and readjudication due to changes in the law brought about by the Veterans Claims Assistance Act of 2000.

The Board denied the claim of entitlement to service connection for bilateral eye disability, finding that no such disability was incurred in or aggravated by active service.

The veteran's increased ratings for bilateral hearing loss, tinnitus, and otitis media with perforation and scars of the eardrums have been granted. The evaluation for bilateral hearing loss is now at 60 percent effective June 10, 2001.

The VA denied the veteran's claims for initial compensable evaluations for his service-connected right wrist and right elbow scars, finding that the evidence did not meet the criteria for a compensable evaluation.

The Board has determined that the veteran does not have a compensable evaluation for his left ear lobe scar, and denied service connection for residuals of a head injury, residuals of lacerations of the arms, legs, and chest, and a cyst in the mouth. The evidence did not support the veteran's claims.

The Board has determined that the veteran's choroidal scar of the left eye and residuals from a cesarean section were not incurred or aggravated by service, as her pre-existing conditions clearly existed prior to entry into service.

The Board has determined that the veteran did not timely and adequately perfect an appeal of his claims for increased disability ratings for residuals of a fracture of the left femur, multiple shell fragment wound scars, and service connection for chronic obstructive pulmonary disease (claimed as a right lung condition). The claim for PTSD was granted with a 10% rating.

The veteran's post-traumatic stress disorder is currently rated at 50 percent, effective July 22, 1991. The VA has granted a higher initial rating for the veteran's post-traumatic stress disorder from April 29, 1999, to meet his current level of disability.

The veteran's service-connected residuals of right inguinal hernia repair are rated as 10 percent disabling, and a separate 10 percent rating is granted for his right inguinal scar.

The VA denied the veteran's claims for an increased rating of his service-connected surgical scar and for service connection for facial scars, finding that the current 10% evaluation adequately reflects the severity of his right hip area disability. The VA also found no evidence to support a claim for service connection for facial scars.

The Board has granted an increased rating of 30 percent for the veteran's right thigh muscle injury and scarring, effective from the date of the January 1996 decision. The donor site scar is rated separately at a compensable level.

The Board granted a rating of 30 percent for the veteran's keloid scars, effective June 19, 2000. The effective date was set at June 19, 1998.

The Board has determined that the veteran's service-connected disabilities do not warrant an evaluation in excess of the currently assigned ratings.

The Board denied the veteran's claim for an earlier effective date for his TDIU due to service-connected disabilities, finding that it was not factually ascertainable that he had been unemployable prior to December 5, 1997.

The veteran's claim for a higher rating for his laparotomy scar is being remanded due to the need for additional development, including obtaining medical records and scheduling an examination.

The Board has determined that the veteran's service-connected postoperative residuals of a carcinoid tumor of the right lung do not warrant an initial rating in excess of 10 percent. The compensable rating for his thoracotomy scar is also denied.

The VA has determined that the veteran's service-connected residual shell fragment wound scar to the right leg does not warrant an evaluation in excess of 10 percent.

The veteran's seizure disorder is rated at 80 percent effective February 19, 1972.,The veteran's sinusitis is rated at 10 percent effective June 22, 1992.

The Board denied service connection for burn residuals, a skin rash of the thighs and left hand, and a bilateral fungal foot infection due to lack of evidence of herbicide exposure. The scars secondary to removal of cysts behind the ears were granted a 0 percent disability rating as they are asymptomatic.