Scars decisions — 2002

The Board found that the veteran's service-connected chorioretinal scar of the left eye is manifested by not more than concentric constriction of the visual field to approximately within 6 degrees of fixation, with right eye visual acuity of 20/40. Therefore, an increased rating for this condition is denied.

The Board denied an increased rating for a tender and painful scar on the left tibia, finding that the condition did not meet criteria for a higher evaluation.

The veteran's claims for service connection and increased evaluations were denied. The effective date of the grant of service connection was set at January 16, 2002.

The veteran's service-connected lumbar plexopathy with right sacroiliac posterior dislocation is currently rated at 40 percent, and the Board has determined that a 60 percent rating is warranted.

The Board denied the veteran's claims for increased ratings for traumatic encephalopathy, facial scars, and sinusitis/tonsillitis. The veteran was not granted any new or material evidence to reopen his service connection claims.

The Board granted an increased rating of 30 percent for the service-connected residuals of a right eyebrow laceration and other facial scars, effective January 17, 1996. The veteran's current appeal is about his right eye disability.

The Board found no valid claims of clear and unmistakable error (CUE) in the March 1, 1990 rating actions granting service connection for acne keloiditis of the neck and scalp and a 10 percent rating for shell fragment wound scar on the right upper back.

The Board has granted service connection for hypertension, but denied all other claims. The veteran's hypertension is currently rated as 10 percent disabling.

The Board has granted service connection for the veteran's epidermal cysts, open comedones, and scar behind the right ear as they are considered to have begun during his military service.

The appeal has been withdrawn by the appellant before a decision was made.

The Board denied the veteran's claim of entitlement to payment or reimbursement for unauthorized medical expenses, finding that there was no showing of a medical emergency and that VA facilities were not unavailable. The Board also noted that the veteran had procured the procedure at a private facility in preference to available government facilities.

The veteran's TDIU was granted effective October 20, 1994, based on his service-connected disabilities. The effective date cannot be earlier as he did not meet the criteria for a TDIU prior to this date.

The veteran's PTSD is currently rated at 70 percent, effective prior to and as of November 7, 1996. His residuals from a shell fragment wound to the left upper arm are rated at 20 percent. The initial rating for his right hand scar with ulnar nerve sensitivity remains at 10 percent.

The Board denied the veteran's claim for a higher initial evaluation for his scar on the right lower eyelid, finding that it did not meet the criteria for a compensable rating under Diagnostic Code 7805.

The Board denied the veteran's claims for service connection for a chin scar and for a rating higher than 50 percent for PTSD, finding that there was no evidence to support these claims.

The veteran became unemployable due to service-connected disabilities in October 1993, and his TDIU claim was granted with an effective date of July 26, 1995. The 60 percent evaluation for residuals of aortic aneurysm was also granted with an effective date of January 26, 1999.

The veteran's claim for special monthly compensation by reason of need for regular aid and attendance or being permanently housebound was denied as there is no evidence showing that his service-connected disabilities are the cause of his inability to dress, feed himself, attend to wants of nature, or require care on a regular basis.

The veteran's claims for an effective date earlier than April 29, 1997 for the assignment of a 10 percent rating for service-connected residuals of a fracture of the left lower arm and scar of the forehead were denied by the Board.

The veteran's disabilities, including deep venous thrombosis of the left leg and a scar on his forehead, do not meet the criteria for a permanent and total disability rating for pension purposes as they are not severe enough to prevent him from engaging in substantially gainful employment.

The veteran's PTSD and left elbow scar are currently rated at the maximum allowable disability levels, so any further increase in rating is denied.