Scars decisions — 2002

The veteran's scar behind the left ear is evaluated as slight and does not meet the criteria for a compensable evaluation.

The Board denied the veteran's claims for increased ratings for his service-connected tinea cruris, chin scar, and right forearm scar.

The Board has determined that the initial evaluations assigned for the veteran's low back disability and right knee disability are appropriate, but denied her claim regarding the left upper arm scar.

The Board has granted an increased evaluation to 10 percent for the veteran's service-connected scars of the chin, right upper eyelid, and nose due to moderate disfigurement and a painful scar on his right nostril.

The VA determined that the veteran's service-connected scars, residuals of bilateral arthroplasties and excision of exostosis, fifth toes with flail joint of the right fifth toe, warranted a noncompensable evaluation. The decision is granted.

The veteran's claims for increased disability ratings for his service-connected burn scars were partially granted. He was awarded a compensable rating of 10 percent for the residuals of second degree burn scars of the arms, but denied an evaluation in excess of 10 percent for the residual burn scars of the face.

The Board has granted a 10 percent rating for the scar of the right periorbital tissues and denied an initial compensable rating for residuals of the shell fragment wound to the right hand.

The Board found that the veteran's current condition, including residual disfiguring scar and follicular hyperplasia with folliculitis, did not result from VA surgical treatment in August 1994. The claim for compensation benefits under 38 U.S.C.A. § 1151 was denied.

The Board granted service connection for residuals of left foot injury and surgical scars of the left foot, both rated at 10 percent from August 8, 2002.

The Board denied the veteran's claims for service connection for a right hip disability and an increased evaluation for scars, as these conditions are not found to be related to his service-connected disabilities.

The Board denied the veteran's claims for increased ratings and a temporary total rating based on surgery performed in May 1992, finding that the current evaluations were not supported by the evidence of record.

The Board has determined that the veteran is entitled to a total disability rating based on individual unemployability effective June 28, 1994, due to service-connected PTSD and other disabilities.

The Board found that the cause of the veteran's death, coronary artery disease, was not incurred or aggravated during his military service and is not presumed to have been so incurred. The preponderance of evidence does not support a finding that the veteran's service-connected disabilities caused or contributed substantially or materially to his death.

The Board found that the veteran's scar, a residual of a right thigh exostosis excision, did not meet the criteria for a disability rating in excess of 10 percent due to lack of evidence showing limitation of function related to the scar.

The Board finds that the veteran's scar on the right hand is due to an in-service injury and grants service connection for this condition.

The veteran's service-connected disabilities do not render him so helpless as to be unable to care for himself or protect himself from the dangers or hazards incident to his daily environment, and he is not substantially confined to his dwelling and premises due to service-connected disabilities. Therefore, special monthly compensation based on the need of regular aid and attendance of another person or by reason of being housebound has been denied.

The veteran's service-connected disabilities, including PTSD with headaches and cold injury residuals of the feet, are considered to be so severe as to preclude all forms of substantially gainful employment.

The veteran's claims for increased ratings on appeal were denied as the evidence did not meet the criteria for an initial evaluation in excess of 10 percent for his service-connected disabilities.

The Board has determined that the veteran's scars do not meet or approximate the criteria for a compensable disability evaluation under Diagnostic Codes 7803 and 7804, as they are superficial and do not show limitation of motion, pain on palpation, or ulcerations. The current 10 percent rating assigned for the scar of the left foot is therefore maintained.

The VA determined that the veteran's service-connected disabilities do not prevent him from engaging in substantial and gainful employment compatible with his education and work experience, thus denying a total disability rating based on individual unemployability.