Scars decisions — 2001

The Board has determined that the veteran's service-connected hoarseness and scars on his left scapula are adequately rated at a 10% level, reflecting their current functional impairment.

The veteran's appeal for service connection on all the listed issues was dismissed due to a failure to file a timely substantive appeal.

The veteran's service-connected disabilities of the left and right knees render him unable to secure or follow a substantially gainful occupation, thus meeting the criteria for TDIU.

The Board has remanded the case to the RO for further proceedings, including arranging for a medical examination and obtaining clarifying opinions on the veteran's service-connected disabilities and their impact on his ability to work.

The Board has granted an earlier effective date of December 14, 1993 for the award of a total disability rating based on individual unemployability due to service-connected disabilities.

The Board has determined that the veteran is not entitled to a compensable evaluation for his service-connected residuals of tear, central tendon, right middle finger and scars, neck and face, residuals of removal of growths. The claim for an increased disability rating for scars, right thigh, flank, and abdominal wall, residuals of removal of growths is pending.

The Board denied the appellant's claims for increased ratings and evaluations of his service-connected disabilities, finding that there was no evidence to support compensable evaluations.

The Board has granted service connection for post traumatic stress disorder, awarded an increased initial rating of 20 percent for diffuse muscle strain of the left hip, and awarded special monthly compensation based on need for regular aid and attendance. The other issues were denied.

The veteran's claim for an increased rating for his service-connected right thumb and ring finger disorders is being remanded due to the need for additional medical examination and records.

The Board denied the veteran's claim for an earlier effective date of April 5, 2000, for a total disability evaluation for PTSD.

The Board has determined that the veteran's scars of the face, nose and right cornea do not warrant a rating in excess of 10 percent. Additionally, there is no separate rating for his loss of vision due to scarring as it is considered part of the service-connected scars.

The veteran's leg cramping and nerve damage are not service-connected, as they were not caused by VA medical treatment. The lower abdominal scar is rated at 10% due to tenderness on pressure only. The rectus sheath hernia has no current symptoms or functional limitations warranting a higher rating.

The Board denied the veteran's claims for increased evaluations for his scars and psychiatric disorder, finding that the evidence did not warrant a higher rating under the applicable VA rating criteria.

The veteran's claim for a total rating on the basis of individual unemployability was granted by the RO in November 1999 with an effective date of February 2, 2000. The veteran appealed this decision and requested an earlier effective date. However, the Board found that the earliest possible effective date is November 26, 1997, when the veteran filed his claim for a total rating on the basis of individual unemployability.

The Board has determined that the appellant's residuals of a fracture of the left clavicle warrant a 20 percent disability rating.,For the period from January 16, 1995 through October 31, 2000, the appellant's residuals of a fracture of the left femur with left hip involvement and left leg shortening and scars of the left hip are rated at 20 percent. After November 1, 2000, they are rated at 10 percent.,For the period from January 16, 1995 through October 31, 2000, the appellant's residuals of a fracture of the left tibia and fibula with ankle involvement are rated at 20 percent. After November 1, 2000, they are rated at 10 percent.

The Board has granted an increased rating of 40 percent for the veteran's service-connected postoperative residuals, fracture, fusion, cervical spine. The scar at the bone donor site on the left hip remains rated at 10 percent.

The veteran's service-connected disabilities do not prevent him from securing and following substantially gainful employment.

The Board denied the veteran's claims for service connection for cause of death and entitlement to accrued benefits, finding that there was no evidence linking any of the claimed conditions to active service.

The veteran's appeal was denied for service connection of a right eye disorder and compensation under 38 U.S.C.A. § 1151 for additional disability arising from VA hospitalization in 1997, including left arm neuropathy. Service connection for phlebitis of the left forearm was granted with a noncompensable rating from December 22, 1997 to August 24, 1998 and denied thereafter.

The VA denied the veteran's request for an increased rating for a scar on his lip and chin, currently rated at 10 percent.