Scars decisions — 2001

The Board has denied the veteran's claims for service connection for residuals of burns of the neck, fatigue and lack of energy, and loss of weight and appetite, all claimed as secondary to radiation treatment for his service-connected cancer of the larynx.

The veteran's service-connected disabilities became so severe that he was unable to work, qualifying him for a total disability rating based on individual unemployability as of January 6, 1999.

The Board denied the veteran's claim for an earlier effective date of October 28, 1997 for a total disability rating based on individual unemployability.

The veteran seeks compensation under the provisions of 38 U.S.C.A. § 1151 for incisional weakness, left nephrectomy scar resulting from a July 1997 surgery at a VA facility. The Board finds that further development is needed to determine if this condition constitutes additional disability and whether it was caused by the surgery.

The Board has determined that the veteran's scars of the right forearm and hand do not meet the criteria for a compensable rating, as they are not poorly nourished with repeated ulceration, tender or painful on objective demonstration, or productive of any functional impairment.

The Board has determined that the veteran's need for regular aid and attendance is due to his service-connected disabilities, specifically his left leg amputation and Parkinson's disease. As a result, he is granted special monthly compensation by reason of need for regular aid and attendance.

The Board denied the veteran's claims for earlier effective dates for service connection due to a failure of military personnel to forward his application, finding that there was no legal basis for such an award.

The Board has reopened the veteran's claim for service connection for a headache disorder and granted a 10% rating for his scar as a residual of a left parietal region laceration. The headaches are considered to be incurred during active duty, while the scar is rated based on its current symptoms.

The Board has determined that the veteran does not have a current acquired psychiatric disorder, right shoulder disability (other than a scar), left knee disability, or bilateral ankle disability related to his military service. The claim for a left knee scar is denied as there is no evidence of chronic worsening due to service. Service connection was also denied for pes planus.

The veteran died of renal cell carcinoma, and the Board found that he was not entitled to DIC benefits under 38 U.S.C. § 1318 because his death was not caused by a service-connected disability, and he did not meet any of the conditions for entitlement as per the regulations.

The Board found that the veteran's claims for higher initial disability ratings for bilateral hearing loss and scarring/perforations of eardrums were denied as there was no evidence to support a higher rating under applicable diagnostic codes.

The Board denied increased evaluations for the veteran's service-connected scars and chronic lumbosacral strain, but granted a noncompensable evaluation for orchialgia.

The veteran's claim for reimbursement of unauthorized non-VA medical expenses incurred on March 21, 2000 was denied as he did not have prior authorization from VA and the services were not rendered in a medical emergency that would have been hazardous to his life or health. Additionally, VA facilities were found to be feasibly available.

The veteran's claim for payment of or reimbursement for medical expenses incurred during his hospitalization at the DePaul Medical Center in Norfolk, Virginia, from May 27 to June 3, 1991, was denied as he did not meet the criteria for reimbursement under VA regulations.

The Board has granted service connection for several conditions, including right eye injury and sinusitis. However, the claims for a right knee disorder, tinnitus, and lacerations of the left cheek were denied as not related to service.

The veteran's service-connected disabilities do not render him unable to care for his daily living needs without the aid and attendance of another person.

The Board denied increased ratings for the veteran's service-connected disabilities (malaria and numerous SFW residuals). The case was remanded multiple times, but new VA examinations were needed to determine the extent of the veteran's residual SFW scars. The veteran underwent a neurological examination in January 2001, but the findings were incomplete.

The veteran's claims for increased evaluation of PTSD and service connection for gastrointestinal condition, throat/ larynx condition, psoriasis, cancer (not specified), and scars of the hands were denied. The veteran was not shown to have any of these conditions during military service or within one year after separation, and there is no competent evidence of current disabilities.

The VA denied the veteran's request for an increased rating of his scar on his forehead, finding that it is only moderately disfiguring and does not meet the criteria for a higher evaluation.

The Board denied the veteran's claim for service connection for pneumonia and granted his claim for service connection for scars, removal of synovial cyst, left lower extremity and face. However, it did not assign a compensable rating for these conditions.