Scars decisions — 2002

The Board has granted a 10 percent evaluation for the service-connected surgical scar below the right nipple due to the removal of fibroadenoma, which is manifested by loss of underlying tissue, hyperesthesia, and pain without ulceration, edema, keloid formation, or superficial vein discomfort.

The Board denied the veteran's claims for service connection for residuals of a fracture of the left ring finger and scar tissue in the urinary tract, as well as his claim for an increased rating for a bladder disorder. The evidence did not support the presence of current disabilities associated with these conditions.

The VA Board of Veterans' Appeals has denied the veteran's claim for service connection for scars as residuals of shell fragment wounds to his right forehead, right upper extremity and right lower chest. The Board found no evidence of current disability resulting from such injuries in service.

The veteran's service-connected conditions have not been found to warrant increased ratings, and no compensable rating has been assigned for his scars.

The veteran's combined ratings due to service-connected disabilities were in excess of 40 percent for the period from May 6, 1991, forward. The earliest ascertainable date that the veteran was unemployable due to service-connected disabilities was July 13, 1995.

The Board denied a separate compensable evaluation for the veteran's right foot GSW scar, finding that the scar itself does not independently limit function of the right foot.

The veteran's appeal is being remanded for additional development and compliance with the Veterans Claims Assistance Act of 2000.

The VA determined that the veteran's right thigh and ankle scars, which are less than one square foot in size, do not meet the criteria for a compensable rating under any applicable diagnostic codes.

The Board denied an increased rating for a shrapnel scar on the right side of the chest, finding that there was no evidence of tenderness, adherence, ulceration, or underlying soft tissue damage.

The veteran's service-connected disabilities render her in need of regular aid and attendance, which is granted. The effective date for the total rating for compensation purposes based on individual unemployability remains pending.

The veteran's service-connected disabilities do not prevent him from engaging in substantial and gainful employment compatible with his education and work experience. Therefore, the criteria for a total disability rating based on individual unemployability due to service-connected disabilities are not met.

The Board found that the veteran's left eye disability, manifested by choroidal rupture with macular scar, was incurred during active service and is related to a combat injury in 1951. As such, the claim for service connection is granted.

The veteran withdrew his appeals of the September 1970, February 1994, and June 1997 rating decisions. He did not file a timely Notice of Disagreement with respect to the August 1999 decision.

The Board has determined that the appellant's left thigh scar warrants a 10 percent evaluation, effective from the date of his original claim.

The Board has determined that the veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, warranting TDIU. The claim of service connection for hypertension is denied due to lack of evidence showing it was incurred in service.

The VA denied a compensable rating for the veteran's service-connected scar, finding that it was nontender and not causing any functional limitation.

The veteran's claim for an increased rating for his scars was granted, with a 30 percent evaluation effective August 30, 2002. The veteran also received service connection for migraines as secondary to his existing compensation for his scars under 38 U.S.C. § 1151.

The veteran's disability evaluation does not meet the criteria for a total disability rating based on individual unemployability due to service-connected disabilities, and his claim is denied.

The veteran's statutory period of eligibility for vocational rehabilitation under Chapter 31 has expired, and the criteria for extension of that period for purposes of retroactive induction into a vocational rehabilitation training program for payment of a Juris Doctor degree are not met.

The Board dismissed the veteran's appeal because his substantive appeal was not timely filed.