Scars decisions — 2003

The veteran's claims for higher evaluations for his service-connected disabilities were denied. The RO assigned a 10 percent evaluation for the period from June 20, 1994 to February 11, 1997 and a 20 percent evaluation beginning on February 12, 1997. For the period of June 20, 1994 to February 11, 1997, the veteran's disability was productive of inter-incisional range from 38 to 45 millimeters and six millimeters of lateral excursion. For the period beginning on February 12, 1997, the inter-incisional range was limited to 30 millimeters. The RO also assigned a 10 percent evaluation for residuals of a surgical scar of the right chin.

The Board has restored a 40% rating for the veteran's postoperative lumbosacral disc disease, finding that reduction was not proper. The propriety of reducing the rating for the surgical scar remains under consideration.

The Board denied the veteran's claims of service connection for various conditions, finding that there was no evidence to support a nexus between his claimed disabilities and his military service.

The Board denied a claim for a disability rating in excess of 10 percent for the veteran's service-connected residual scar, stab wound, of the left upper back. The evidence did not support an increased rating as there was no indication that the current shoulder limitations were related to the service-connected condition.

The Board found that the evidence warranted a noncompensable rating effective from January 1, 2003. The veteran's service-connected incisional hernia with residual scar was rated as 10 percent prior to January 1, 2003 and no longer meets this criteria after that date.

The Board denied increased ratings for fungus infection and scarring of the head, face, and neck. The veteran's fungus infection was rated as 10 percent due to recurrent nature and extensive area affected, while his scarring was rated as 10 percent.

The veteran's service-connected disabilities (recurrent carcinoma of the face, bronchial asthma, right groin scar, and sinusitis) prevent him from securing or following a substantially gainful occupation consistent with his education and occupational background.

The Board denied a higher rating for the veteran's laparotomy scar, finding that it is only minimally symptomatic and does not meet the criteria for any compensable evaluation under the applicable VA rating schedule.

The Board denied the veteran's claims for service connection for a heart condition as secondary to PTSD and for a total disability evaluation based upon individual unemployability due to service-connected disabilities.

The Board denied an increased rating for the veteran's midfrontal forehead scar, finding it not more than moderately disfiguring and thus not warranting a higher evaluation.

The Board has remanded the case for additional development, including obtaining service medical records and arranging for VA examinations to determine the etiology of the claimed conditions.

The Board denied the veteran's claim for service connection for scar residuals of a scrotum injury, finding that there was no evidence of an in-service injury and no current disability.

The initial 10% evaluation assigned following the grant of service connection for recurrent lipomas with resultant scars was proper.

The Board denied service connection for scarring of the ears, finding no evidence of such condition in service or for many years thereafter.

The Board denied the appellant's claims for service connection for scar residuals associated with a right leg shell fragment wound and hemorrhoids, finding no evidence of in-service injury or disease related to these conditions.

The veteran's service-connected disabilities do not preclude substantially gainful employment.

The veteran's service-connected recurrent urinary tract infections are currently rated as 10 percent disabling, bilateral hearing loss is not compensable, and the appendectomy scar is also rated as 10 percent.

The Board found that the veteran's service-connected conditions did not cause or contribute to his death, which occurred due to a combination of factors including pneumonia and cerebrovascular accidents.

The Board has granted the veteran's claim for service connection for a scar, incision and drainage of a right hip abscess, finding that there is sufficient evidence to support this determination.