Scars decisions — 2002

The veteran's service-connected corneal scar on the right eye does not result in a compensable rating as his vision is only 20/200, which is consistent with previous evaluations. The examiner concluded that the macular changes are more likely due to aging rather than the scar.

The Board has denied the veteran's claims of service connection for residuals of a nasal fracture with facial scarring and for residuals of contusions/abrasions of the head, face, and neck due to lack of evidence linking these conditions to his military service.

The veteran's claim for service connection for sinusitis was denied. The RO increased the rating for hypertensive heart disease with hypertension to 30 percent, and recharacterized it as hypertensive heart disease with left ventricular hypertrophy and hypertension. The RO also granted service connection for residuals of right eye injury, benign prostatic hypertrophy, and calluses of the feet. However, all claims for higher evaluations were denied.

The Board found no evidence of a current disability related to the removal of a boil in the low back region and denied service connection for this condition. For the scar of the right cornea, as residual to a right eye trauma, the Board determined that there was insufficient evidence to grant a compensable initial rating.

The veteran's claim for reimbursement of unauthorized medical expenses incurred at the Mollen Clinic during November 2000 is denied as there was no emergent condition warranting VA treatment and VA facilities were not feasibly available.

The Board has granted service connection for acne scarring of the face and assigned a 10 percent evaluation, effective from November 23, 2000. The claim for a compensable evaluation for sebaceous cysts of the back remains denied.

The Board denied an initial rating in excess of 10 percent for service-connected photophobia and corneal scar, right eye injury.

The Board found that the veteran's service-connected disabilities did not cause or contribute to his death from primary central nervous system lymphoma.

The veteran's service connection claim for a forehead scar is granted as the Board finds that the scar on his forehead is due to injury incurred during his active military service.

The Board denied the veteran's claim for service connection for the cause of his death, finding no evidence linking his death to his period of recognized guerrilla service or any service-connected disability.

The Board has determined that the veteran's cardiovascular disease, including hypertension, right eye disorder, back disorder, and residuals of a left leg injury are not service-connected. The evidence is in equipoise regarding whether these conditions are related to military service.

The Board has determined that the veteran's chorioretinal scarring of the left eye, which is manifested by a unilateral visual field loss to 33 degrees, warrants a rating of 10 percent.

The Board granted a 10 percent rating for the veteran's service-connected appendectomy scar and awarded an effective date of April 28, 2000 for his service connection and compensation for abdominal adhesions.

The Board has determined that the combined rating of the veteran's service-connected disabilities is 40 percent, and no higher. The veteran challenged the accuracy of this current 40 percent combined rating but was not successful.

The Board has determined that the creation of the overpayment was due to administrative failure and not fraud, misrepresentation or bad faith. The veteran's claim for continued increased compensation rates and his daughter's Dependents' Educational Assistance (DEA) were submitted under the same cover letter in September 1995, putting VA on notice of both benefits sought. As a result, recovery of the overpayment is against equity and good conscience.

The Board has granted a compensable rating of 10% for the veteran's service-connected scar of the ring finger of the left hand, based on pain and tenderness. The functional impairment is not shown to warrant a higher rating.

The Board denied the veteran's claim for an increased rating for his service-connected corneal scar, left eye, with traumatic cataract due to the current visual acuity of 20/400 in the left eye and normal vision in the right eye.

The Board has determined that the veteran does not have a right eye disability other than her service-connected corneal scar, and therefore denied her claim for service connection.

The Board has granted increased ratings for the service-connected disabilities, including a maximum schedular rating of 50 percent for Muscle Group XVII injury and a separate 10 percent rating for traumatic arthritis of the lumbar spine. The effective dates for these compensable ratings are set at March 22, 1996.

The Board denied the veteran's claim for separate compensable evaluations for tender scars of the left hand based on clear and unmistakable error in a rating decision of September 1979, finding that the RO had not committed clear and unmistakable error.