Scars decisions — 2003

The Board has ordered further development in the veteran's case, including examinations for glaucoma, right shoulder disorder, and right cheek laceration scar. The appeal is currently pending due to ongoing administrative issues.

The veteran's claims for increased ratings and a total rating based on individual unemployability were denied. The RO also did not address the service connection theory or exposure basis.

The veteran's service-connected conditions were all granted increased evaluations.

The Board has determined that the veteran's service-connected scar of the forehead does not meet or approximate the criteria for a rating in excess of 10 percent under any applicable diagnostic code.

The Board has granted a 20 percent rating for the service-connected shell fragment wound scar involving muscle groups I, III and IV of the left upper extremity. A separate 10 percent rating is also granted for the painful scar associated with this condition.

The Board has granted increased ratings of 10 percent for the residuals of a shell fragment wound to the left thigh, and separate noncompensable evaluations for scars on the left cheek and left forearm.

The veteran's claim for a compensable evaluation for his service-connected status post traumatic rupture of the thoracic aorta with thoracotomy scar is being remanded due to additional development and compliance with VCAA requirements.

The Board granted service connection for the veteran's residual chorioretinal scar of the right eye from chorioretinitis/choroidosis and assigned a 10 percent rating, effective October 12, 2001.

The Board has remanded the case due to failure to comply with VCAA and duty-to-assist provisions. The veteran's claim for service connection for retina macular scarring of the left eye is pending.

The Board has granted service connection for headaches and determined that the veteran's current disability is etiologically related to his active military service. The issue of an initial compensable rating for scars as residuals of a shell fragment wound to the right thigh remains pending due to missing or destroyed service medical records.

The veteran's service connection for status post left anterior cruciate ligament reconstruction with scars and status post open reduction internal fixation of left ulnar and radius compound fracture with scars has been denied. The RO assigned initial evaluations of 10 percent for each disability.,No higher evaluations are warranted as the evidence does not show severe instability or severe subluxation in the knee, nor nonunion in the lower half of the ulna or ankylosis of the wrist.

The veteran's service-connected disabilities did not meet the criteria for additional dependency and indemnity compensation as of eight years prior to his death.

The Board has granted a total disability rating based on individual unemployability due to service-connected disabilities, as the veteran's service-connected conditions prevent him from engaging in substantially gainful employment.

The veteran's service-connected disabilities, which include knee disability, ankle arthritis, and hip impairment, do not prevent him from engaging in substantially gainful employment given his education and experience.

The veteran's headaches are service-connected and rated at 10%. The left eye epiphora is also service-connected and rated at 10%, effective from June 25, 1960. The scars on the face, forehead, and left eyelid are service-connected and rated at 10%.

The Board has determined that the appellant's current nose scar is the residual of a knife attack in service, resulting in lacerations to his nose and right hand. As such, the Board finds that there is an approximate balance between positive and negative evidence with regard to the claim for service connection for a scar on the nose.

The Board has remanded the case for readjudication of the initial disability rating for cystic acne vulgaris, taking into consideration all evidence including new evidence since the last SSOC.

The Board found no evidence of a service connection for the veteran's bilateral eye disorder or burn scars of both arms, as his statements were deemed not credible and there was no documented injury in service.

The Board denied the appellant's claims for an increased rating for his scar residual, left ring finger and service connection for palm contracture, left palm. The Board found that there was no evidence to support a finding of service connection for the palm contracture as it is not related to the service-connected left ring finger residuals.

The Board has ordered further development due to pending issues regarding service connection for various conditions, including bilateral hearing loss, a scar of the right buttocks, and removal of the right testicle. The case is now remanded for additional examination and review.