Scars decisions — 2001

The Board has determined that the earliest effective date for a total rating based on individual unemployability is September 21, 1998. This decision was made after considering the facts found and the veteran's service-connected disabilities.

The veteran's claim for an increased evaluation for corneal scars secondary to trauma is being remanded due to the need for additional medical examination and development of his claims file.

The Board has granted the veteran's motion to sever his left knee disability claim from other claims and remanded it for further development. The case is now being returned to the RO for additional development, including obtaining medical records and scheduling examinations.

The Board denied the veteran's request for a waiver of recovery of overpayment of disability compensation benefits in the amount of $66,023.67 due to his fault in creating the overpayment and lack of undue hardship or unjust enrichment.

The Board has granted a 10% disability rating for the veteran's service-connected scar of his right calf, resolving all reasonable doubt in favor of the veteran.

The Board denied all claims for increased ratings for the veteran's service-connected disabilities involving shell fragment wounds. The RO continued to deny the claims for higher ratings for residuals of a shell fragment wound to the right arm, shell fragment wound residual scars of the lower left neck and chest, and shell fragment wound residual scar of the right axilla.

The veteran's appeal is denied as his appendectomy scar does not warrant a rating in excess of the current 10 percent.

The veteran's disabilities, while present and rated at 40 percent combined, do not render him permanently and totally disabled for pension purposes due to his age, education, and occupational history.

The Board has determined that the veteran does not have a current right shoulder disorder or any other service-connected condition, and therefore cannot grant service connection for such. The claims for increased ratings are denied as well.

The Board denied the veteran's claims for increased ratings for her cervical spine, left hip scar, and neck scar disabilities. The veteran was not granted any higher initial ratings.

The veteran's PTSD has been rated at the maximum available rating of 100 percent since April 22, 1993. The burn scars of the left hand have not met the criteria for a compensable rating.

The veteran's appeal was not timely filed, and therefore the claims are dismissed.

The Board denied the veteran's claims for higher initial evaluations for her migraine syndrome, coccyx fracture, left breast scar, and fibrocystic breast disorder. The issues of service connection for a back disorder and neck disorder were also addressed but are pending as they have been remanded.

The Board has determined that the veteran's service-connected scars and muscle injuries do not warrant a compensable initial rating, with the exception of a 10 percent rating for residuals of a shell fragment wound of the right arm. The veteran is granted an initial 10 percent rating for this condition.

The Board found that the earliest evidence of record showing a factually ascertainable increase in disability for arthritis of the left glenohumeral joint was an April 1999 VA examination report, which showed limitation of abduction to 50 degrees. For scars from shell fragment wound of the left humerus, the earliest evidence showing objectively tender and painful scarring as required for a 10% rating was also in the April 1999 VA examination report.,The veteran's claim for earlier effective dates were not supported by the evidence provided.

The VA has granted increased ratings for anxiety with depression, sinusitis with rhinitis, and tinnitus. The appellant's left ear sensorineural hearing loss, hemorrhoids, residuals of a left radius fracture, residuals of a right carponavicular bone fracture, and scars on the left cheek and lower lip are all rated at their maximum possible levels.

The veteran's appeal regarding CUE in the November 1970 decisions to grant service connection for his left thigh wound and lumbosacral spine condition has been dismissed as he did not file a timely appeal.

The veteran's service-connected disabilities have been rated at 10% and 20% since December 16, 1987. The RO has increased the rating to 20% for his lumbar spine and right hip injury residuals with secondary degenerative disc disease of L4-5 and L5-S1 effective from September 24, 1996.

The veteran's claim for an increased rating for his service-connected surgical scar, right posterior flank was granted with a 10 percent disability rating effective from June 22, 1998. The Board found that the medical evidence supported this rating.

The veteran's claim for a higher rating for his service-connected low back disability was granted, and he is now assigned the maximum schedular evaluation. His claim for a total disability rating based on unemployability due to service-connected disabilities was also granted.