Scars decisions — 2002

The VA denied an increased rating for the service-connected residual laceration scars of the forehead, currently evaluated as 10 percent disabling.

The Board has granted a 10 percent evaluation for the veteran's service-connected scar of the neck, effective from the date of the decision. The arthritis in his cervical spine is not considered related to the scar and thus does not affect the current rating.

The Board has determined that the veteran's death was not caused by service-connected conditions, and therefore denied both his claim for service connection for the cause of death and his eligibility for Dependents' Educational Assistance under Chapter 35. The Board found no evidence linking the veteran's heart disease to any incident or condition during active military service.

The Board has granted a 10 percent initial disability evaluation for the veteran's post-operative residuals of right hand surgery, including tender and painful scarring, paresthesias, hypersensitivity, and weakness in the right hand. The appeal is based on service connection being decided on the merits.

The VA has determined that the veteran's service-connected scars of the right and left lower extremities do not warrant a compensable initial rating as they are not shown to be tender or painful, nor do they involve any functional impairment.

The veteran's claims for increased rating, service connection, and TDIU were denied. The Board found that the veteran's scar, right thigh, did not warrant a higher disability evaluation, his right knee impairment was not related to his service-connected scar, and his service-connected disabilities did not preclude substantially gainful employment.

The veteran's initial claim for a compensable rating for his right forehead scar was denied, and the June 1994 decision denying an increased rating for residuals of recurrent ganglion cyst with tendonitis and neurolysis of the right radial nerve was final. The April 2002 decision found no new and material evidence to reopen the claim of service connection for hypertension.,The veteran's initial compensable rating for his right forehead scar has been denied, as it does not meet the criteria for a higher evaluation under the applicable diagnostic codes.

The Board has determined that the veteran's bilateral hearing loss and tinnitus are related to his active military service, with reasonable doubt resolved in favor of the claim. The right eye scar is not considered service-connected.

The Board denied the veteran's claim for a compensable rating for his service-connected scar, residual of shrapnel wound to the left chest due to his failure to report for scheduled VA medical examinations.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claims for service connection for a back disability and facial scars, resulting in their denial.

The Board denied the veteran's claims for increased ratings and individual unemployability due to his service-connected disabilities, finding that none of his conditions warranted a higher evaluation.

The veteran's service-connected sinusitis, bursitis of the right hip, and scarring of the tympanic membranes are all rated at their maximum levels. The initial evaluations for sinusitis and bursitis of the right hip remain unchanged, while the evaluation for scarring of the tympanic membranes is increased to 10 percent.

The Board denied the veteran's claims for increased ratings for residuals of a shell fragment wound left upper arm, Muscle Group VI and scar, left upper thigh with retained foreign body. The conditions are currently evaluated as 10 percent disabling.

The veteran's claims for increased evaluations for his service-connected disabilities were denied. The RO found that the evidence did not support a compensable evaluation for bilateral hearing loss, and denied entitlement to an evaluation in excess of 20 percent for left thumb injury with scar, right elbow fracture, and acromioclavicular separation of the right shoulder with degenerative joint disease (postoperative).

The Board has granted service connection for herpes zoster with residual corneal scarring in the right eye as secondary to service-connected post-traumatic stress disorder (PTSD).

The Board has granted a rating of 10 percent for the veteran's scar of the upper left arm, finding that it is symptomatic and more nearly approximates the criteria for a 10 percent rating under Diagnostic Code 7804.

The veteran's service connection claim for residuals of sunburn was denied. The rating for traumatic arthritis of the cervical spine was increased to 30 percent, but no higher as severe limitation of motion is already covered by the current rating. No compensable ratings were granted for appendectomy scar, hemorrhoids, or residuals of a right foot fracture.

The Board found that the veteran's death was not caused by any service-connected condition, and that VA treatment did not cause or worsen his multi-organ failure, acute blood loss due to liver disease and posterior pharyngeal bleeding. Therefore, the claim for DIC under 38 U.S.C.A. § 1151 was denied.

The Board has granted a 10 percent disability rating for the veteran's service-connected left eye pterygium, effective from the date of initial grant of service connection. The RO also denied separate ratings for a scar on the conjunctiva and service connection for hyperemia, glaucoma, chronic conjunctivitis, presbyopia, and a scar on the temple area.

The Board denied the veteran's claims for service connection for nicotine dependence and increased ratings for his PTSD and sensitive scar on the right thigh. The veteran's claim for nicotine dependence was precluded as a matter of law due to the VCAA provisions, while the other issues were denied based on the evidence presented.