Scars decisions — 2002

The Board has determined that additional development is needed to properly rate the veteran's service-connected residuals of right lung contusion with chest scar, including obtaining a VA pulmonary examination and ensuring compliance with VCAA requirements.

The appellant is not eligible for VA nonservice-connected disability pension benefits because he did not serve during a period of war, and his service records show that his active duty began in June 1975 after the end of the Vietnam era.

The Board denied increased ratings for the veteran's service-connected conditions, including residuals of a shell fragment wound to the left thigh with injury to Muscle Group XIII and retained metallic foreign bodies; service-connected scar of the left cheek, residual of a shell fragment wound with retained metallic foreign body; and service-connected scar of the left forearm, residual of a shell fragment wound with retained metallic foreign body.

The veteran's disabilities do not meet the criteria for an increased rate of nonservice-connected pension by reason of being in need of regular aid and attendance or having a single permanent disability rated 100 percent under the Schedule, with additional disabilities independently ratable at 60 percent or more, or being permanently housebound.

The Board has determined that the veteran's claim for an earlier effective date for service connection of a right eyebrow scar cannot be granted as there is no legal basis to support such a request.

The VA has denied the veteran's claim for an increased rating of his service-connected appendectomy scar, currently rated at 10 percent.

The Board has determined that the effective date for the grant of service connection for a corneal scar of the right eye, residual of ulcer removal cannot be earlier than March 2, 1999 as there is no evidence of a pending claim prior to this date.

The veteran's bilateral ocular histoplasmosis with macular scarring and decreased right eye vision is currently rated at 30 percent, while his migraine headaches are also rated at 30 percent. The veteran's conditions were found to be service-connected based on direct evidence.

The veteran's claim for an increased rating and earlier effective date for his service-connected sebaceous cyst with residual scars was granted. He is now rated at 10 percent, but the effective date remains August 1, 2000.

The Board has determined that the veteran's service-connected conditions result in loss of use of one or both feet, warranting a higher level of special monthly compensation.

The veteran's service-connected intermittent transient large bowel obstruction, status post colostomy is rated at 10 percent. Service connection for sciatic nerve involvement and paresthesia of the right foot are granted as secondary to his service-connected gunshot wounds.

The veteran's appeal for an increased evaluation and earlier effective date for a disfiguring scar of the left mandible was denied. The Board found that the evidence did not support a higher rating or an earlier effective date.

The Board denied service connection for the cause of the veteran's death due to arteriosclerotic heart disease, which began many years after service and was not caused or worsened by his service-connected pleurisy with empyema and postoperative scar.