Scars decisions — 2003

The veteran's erectile dysfunction due to testicular atrophy is granted as service-connected. The veteran's PTSD, which is also service-connected, warrants a 50 percent disability rating. The veteran meets the criteria for a total disability rating based on individual unemployability due to his service-connected disabilities.

The veteran's claim for an increased rating for pleural cavity injury with retained foreign bodies in the left upper lobe, residuals of shell fragment wounds of the left posterior chest with scars is denied due to failure to report for VA examinations without good cause.

The Board denied the veteran's claim for a noncompensable evaluation for his service-connected back and left upper arm scars, effective from November 3, 1989. The issue of timeliness of the veteran's request for waiver of overpayment in the amount of $8,128.00 was also denied.

The Board has ordered further development due to pending issues and evidence. The case is now being sent back for additional development.

The Board denied the veteran's claim for an earlier effective date for a TDIU rating, finding that there was no entitlement to such prior to June 17, 2001.

The veteran's service connection claims for right and left carpal tunnel syndrome, low back disability, and left leg disability are denied. Service connection is granted for a right index finger scar.

The Board has granted a total disability rating based on individual unemployability due to service-connected lumbosacral strain with degenerative disk disease, which renders the veteran unable to work.

The veteran's scars of the right leg do not meet the criteria for a compensable rating under the revised VA skin regulations.

The veteran's claims for increased ratings on his service-connected conditions are being remanded to allow for additional development of the medical evidence.

The Board has determined that the veteran does not have current disabilities of tinnitus, a head scar from a traumatic injury, or a back scar from a tumor removal that are related to his active service. As such, the claims for these conditions were denied.

The Board denied an increased rating for the veteran's bilateral chorioretinitis with scarring of the retinas, status post right eye ischemic event and denied entitlement to a total rating for compensation purposes based on individual unemployability due to service-connected disorders (TDIU).

The veteran's service-connected traumatic degenerative joint disease and surgical scar, left knee, status post total knee replacement are not manifested by objective evidence of severely painful motion or weakness, ankylosis, symptomatic scarring, limitation of extension to 30 degrees, instability, or nonunion of the tibia and fibula with loose motion. As such, his disability evaluation remains at 30 percent.

The Board has ordered further development due to the need for additional evidence. The case will be returned to the RO for the requested development, including a VA medical examination and consideration of the veteran's service-connected disabilities.

The VA denied increased evaluations for the veteran's right knee condition, shrapnel wound scars of the legs, and intestinal obstruction residuals from an appendectomy. The evidence did not support higher ratings based on current disability levels.

The Board has denied the veteran's claims for increased ratings for right shoulder bursitis, postoperative residuals of a right inguinal hernia, and left eye glaucoma.

The veteran's claim for service connection for a lung disorder, claimed as due to pneumonia, measles and scarlet fever is being remanded for further development.

The Board denied an increased evaluation for the veteran's left corneal laceration scar and also denied a total rating based on individual unemployability due to service-connected disabilities.

The Board has granted service connection for tinnitus, finding that it is at least as likely as not related to the veteran's military service.

The Board has reopened the veteran's claims for service connection for an acquired psychiatric disorder and hepatitis/scarlet fever, but denied both claims as there is no evidence of a current disability related to these conditions.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.