Scars decisions — 2003

The Board denied the veteran's claims of entitlement to compensable evaluations for a scar on his right first metatarsal due to infection and ulcer, as well as for hemorrhoids. The Board found that the scars did not meet criteria for a compensable evaluation and that the veteran's hemorrhoids were currently asymptomatic with no persistent bleeding or secondary anemia.

The Board denied the veteran's claims for service connection for facial scars and nerve damage, finding that there was no evidence of a current disability resulting from his 1965 accident.

The Board denied the veteran's claims for service connection for residual shell fragment wound scars on various parts of his body, as well as an earlier effective date for multiple disabilities. The denial was based on a lack of current disability evidence.

The Board denied all service connection claims as the veteran did not present evidence of current disabilities related to his in-service injuries and hospitalizations.

The Board has restored a 10 percent rating for the veteran's postoperative residuals of an appendectomy scar from November 1, 1986 to January 13, 1988.

The Board denied the veteran's claims for service connection for COPD, emphysema, and prostate cancer as due to tobacco use in service, nicotine dependence, or secondary to nicotine dependence. The appeals were all denied.

The veteran's TDIU claim is granted, and he is assigned a 10 percent rating for his scar of the abdomen. The issues regarding excess ratings for his right pleural cavity and shoulder are pending.

The Board found no clear and unmistakable error in the July 1969 rating decision that assigned a noncompensable evaluation for the veteran's shell fragment wound scar of the left anterior chest, thus denying the claim.

The veteran's claims for effective dates prior to August 21, 2001 were denied as the earliest communications indicating intent to apply for these benefits did not occur until after that date.

The Board has determined that the appellant's bilateral defective hearing is related to service-connected chronic sinusitis and grants secondary service connection for this condition. The issue of benefits pursuant to 38 U.S.C.A. § 1151 for forehead scarring resulting from an April 1993 fall during VA hospitalization remains pending.

The veteran's service records show he had injuries to his diaphragm, liver, and spleen during a car accident in service. Postoperative residuals of these lacerations are now considered service-connected.

The veteran's claim for an increased evaluation of his service-connected amputation scar, right fifth toe is being remanded due to the intertwining nature with a new claim seeking service connection for disability other than the scar.

The Board denied the veteran's claim for an increased rating for a residual scar from an excision of a lump below his left clavicle, citing insufficient medical evidence to determine if he has disfigurement to an extent that would warrant higher ratings. The case was remanded for further development and consideration.

The Board of Veterans' Appeals denied an increased rating for a scar of the right forearm, currently evaluated as 10 percent disabling.

The Board has ordered further development due to pending issues regarding service connection for various injuries and disorders. The case is now remanded for additional evidence collection and medical examinations.

The Board has granted a separate rating of 30 percent for status post simple right mastectomy, and denied the claim for a compensable rating for service-connected residuals from breast surgery.

The veteran's service-connected disabilities did not cause or contribute substantially to his death. His DIC claim is also denied as the criteria for entitlement under 38 U.S.C.A. § 1318 have not been met.

The veteran's skin disability, including acne with hypopigmented macules and a residual scar from an excised tumor, was not incurred in or aggravated by active military service. The Board found no reasonable basis to grant the benefit sought on appeal.

The veteran's claim for a TDIU is remanded due to the need for further examination and consideration of his employability status given his service-connected disabilities.

The Board has determined that the veteran's claims for increased evaluations for his right forearm and left wrist shell fragment wound scars, as well as his claim for a total disability rating based on individual unemployability due to service-connected disabilities, are denied. The evidence does not meet the criteria for a compensable evaluation under the applicable VA rating criteria.