Scars decisions — 2002

The Board found that there is no competent medical evidence linking the veteran's current disabilities to his service, specifically a cold injury or frostbite. The claim for service connection was denied.

The veteran's claims for increased ratings for residuals of shell fragment wounds to the feet, left thigh, and right forearm were denied. The RO found that the evidence did not support higher ratings based on current functional impairment.

The veteran's service-connected disabilities, including degenerative disc disease of the lumbosacral spine and multiple other conditions, preclude him from performing substantially gainful employment. His right carpal tunnel syndrome is not found to be secondary to his service-connected right arm disorders. He does not meet eligibility requirements for financial assistance in purchasing an automobile or adaptive equipment. The veteran's TDIU rating claim is denied as he has a combined disability rating of 80 percent and the evidence shows that his service-connected disabilities alone prevent him from securing and following substantially gainful employment.

The veteran is granted an effective date of July 25, 2000 for a 10 percent evaluation for his service-connected scar of the left arm.

The veteran's service-connected disabilities have been granted effective from August 11, 1970.

The Board denied the veteran's claims of service connection for restless leg syndrome and scar tissue in lungs, finding no evidence linking these conditions to his military service.

The Board denied the veteran's claim for a compensable evaluation for his scar on the left eyebrow, finding that it did not meet the criteria for any higher rating under either the old or new VA rating criteria.

The veteran's claim for an earlier effective date for the award of respective 10 percent evaluations for a service-connected scar as the residual of postoperative left dismembered pyeloplasty for UPJ obstruction, and for the postoperative residuals of left orbital floor fracture was denied by the Board.

The Board has denied the veteran's claims for service connection for residuals of a head injury, right arm disability, and headaches as there is no evidence of an in-service injury or disease that led to these conditions.

The Board finds that the effective date for the award of a 10 percent disability rating is January 27, 2001 or up to one year before that date if entitlement to the increase was factually ascertainable. The appeal is denied.

The veteran's service-connected disabilities, including PTSD and lung cancer residuals due to Agent Orange exposure, render him unemployable. The Board has granted a total disability rating for compensation based on individual unemployability.

The veteran's left shoulder disability, which includes a post-operative scar and repair of the separated acromial-clavicular joint, is currently rated at 10 percent. The Board found that his symptoms do not warrant an increase in evaluation.

The veteran's combined service-connected disability rating is 80 percent, which meets the schedular criteria for a TDIU. The Board finds that his service-connected disabilities render him unable to engage in substantially gainful employment.

The veteran's claim for reimbursement of prescription drugs purchased on March 13, 2001 was denied as he is not eligible to have non-VA prescriptions filled at a VA pharmacy and the criteria for reimbursement are not met.

The Board found that the veteran's post-operative appendectomy scar and left ankle fracture do not meet the criteria for a compensable rating under applicable VA disability evaluation criteria.

The Board has determined that the veteran's request for an earlier effective date for service connection of surgical scars of the left thigh, left knee, and right hip areas is denied as there was no claim received prior to December 19, 1997.

The Board has determined that the veteran's claimed conditions, including malaria and shell fragment wounds, were not incurred or aggravated during his military service.

The veteran's service-connected burn scars of the face and right ear are rated at 10 percent, while his burn scars of the right forearm, right hand, and left forearm are also rated at 10 percent. The Board found that these ratings were appropriate based on the current evidence.

Service connection for residuals of a left wrist stab wound and burn scars of the right hand was granted with effective date December 22, 2000. Service connection for burn scars of the left hand was also granted with the same effective date.

The Board is reopening the claim for service connection for PTSD due to new evidence submitted by the veteran. The issue of whether the veteran's other service-connected disabilities warrant increased ratings will be addressed in a separate decision.