Scars decisions — 2001

The veteran's claim for a higher disability evaluation for his service-connected shell fragment wound of the right upper extremity is granted, with an effective date of August 6, 1968.

The veteran's unauthorized medical expenses incurred at Glenwood Regional Medical Center on December 14, 1998 were not for a service-connected disability and thus payment or reimbursement is denied.

The veteran's claim for service connection for residuals of a left pneumothorax is granted. The claim for an initial evaluation in excess of 10 percent for the scar of the right forehead is denied. A VA neurological examination is needed to determine if the veteran suffers from headaches and facial numbness.

The veteran's service-connected conditions did not cause or contribute to his death, and the criteria for DIC based on claimed service connection for the cause of death have not been met. The veteran was denied entitlement to DIC under the provisions of 38 U.S.C.A. § 1318.

The veteran's claim for an increased rating for his service-connected folliculitis and acne scarring of the face, neck, back, and chest was denied because he failed to report for a necessary VA examination.

The Board denied the veteran's claims for initial compensable evaluations for varicose veins and laparoscopy scar, finding that the evidence did not meet the criteria for a higher rating under applicable VA regulations.

The Board granted a 10 percent rating for facial scarring, but denied increased ratings for left foot, right knee, and left shoulder scars.

The Board denied the veteran's requests for earlier effective dates for his service-connected right shoulder and left leg disabilities, finding that there was no factual basis to assign compensable ratings prior to July 29, 1994.,There is no medical evidence of treatment or evaluation concerning the service-connected right shoulder and left leg scars at any time prior to July 29, 1994.

The veteran is seeking service connection for various mental conditions, chronic headaches, bilateral hearing loss and scars on the left rib cage area. The RO has ordered additional development to determine if there is a nexus between these conditions and his military service.

The veteran's shell fragment wounds have been evaluated as 10 percent disabling, and no higher evaluations are warranted based on the current evidence.

The Board has determined that the veteran's service-connected left foot scar does not present any clinically ascertainable residuals and therefore, a compensable evaluation is denied.

The veteran's claim for a higher evaluation for his scar, right eyelid was granted with an initial rating of 10 percent effective January 13, 1998. The claim for service connection for hypertension was also granted.

The veteran's death was not caused by or contributed to by his service-connected disabilities. The appellant did not provide evidence of clear and unmistakable error in a prior final VA determination, so she is not eligible for dependency and indemnity compensation under the provisions of 38 U.S.C.A. § 1318.

The Board denied increased ratings for the veteran's service-connected shrapnel wound residuals of the right thigh, scar from a shrapnel wound on the left parietal region, and scar from an appendectomy. The evidence did not meet the criteria for higher disability ratings under VA's rating schedule.

The Board denied the veteran's claims for service connection and increased evaluation, finding no new evidence to reopen his claim of second degree burn scars. The other issues were also denied.

The veteran's claims for increased evaluations and service connection were denied. The RO has developed all evidence necessary, but the residuals of shrapnel wounds are not shown to warrant higher ratings.

The Board has denied the veteran's claims for increased ratings for residuals of a fracture, second metacarpal, left hand and an appendectomy scar as there is no evidence of ankylosis or limitation of motion that would warrant a compensable rating under the applicable VA Schedule for Rating Disabilities.

The Board has reopened the claim for service connection for residuals of a right eye injury, including a facial tic, scarring, cataracts, and glaucoma. The new evidence submitted by Dr. Solomon was sufficient to reopen the claim.

The VA has determined that the veteran's service-connected laceration scars of both legs do not meet the criteria for a compensable evaluation.