Scars decisions — 2003

The veteran's claim for an increased rating of his residual shell fragment wound scars of the right thigh is being remanded due to new regulations and a need for additional evidence.

The Board denied the veteran's claims for initial evaluations for his service-connected gunshot wounds, finding that the evidence did not meet the criteria for higher ratings under applicable diagnostic codes.

The Board has ordered further development in the veteran's case, including a VA special ophthalmologic examination to determine if any left eye disorder(s), other than choroidal rupture with macular scar, to include loss of vision is/are related to service or pre-existing conditions.

The Board denied service connection for post traumatic stress disorder and a cervical spine disorder. The veteran's lumbar myositis, degenerative joint disease of the lumbar spine was initially granted with a 10 percent evaluation from December 16, 1997 to June 13, 2002, which was later increased to 40 percent effective June 14, 2002. The veteran's left ear hearing loss and tinnitus were each assigned initial compensable evaluations, while his scars of the posterior aspect of the left elbow and right upper back and osteoarthritis of the left wrist, history of left wrist fracture received initial non-compensable evaluations.

The Board has decided to remand the case for additional development due to incomplete notification and development under the Veterans Claims Assistance Act of 2000.

The veteran's death was not due to a service-connected disability that had been rated totally disabling for at least eight years immediately preceding his death.

The Board has denied the veteran's claim for an increased rating for his service-connected corneal scar of the left eye, finding that the current 10 percent evaluation adequately reflects the degree of disability.

The Board has ordered further development in the veteran's case, including a VA psychiatric and neurological examination to assess his service-connected conditions. The claims for increased evaluations will be remanded for additional consideration.

The VA determined that the veteran's service-connected conditions, including his partial gastrectomy and scar, do not render him unemployable due to their combined effect. The Board found that while he has significant gastrointestinal symptoms from his gastrectomy, these are not severe enough to prevent him from securing or following substantially gainful employment.

The Board has ordered further development in the veteran's case due to pending issues and requested evidence. The appeal is currently remanded for additional development, including psychiatric evaluations.

The veteran's service-connected disabilities, including PTSD and multiple orthopedic issues, prevent her from maintaining substantial gainful employment. The Board has granted a TDIU rating.

The Board found that the veteran's claimed scar residuals from a head injury sustained during service were not incurred or aggravated by service and denied his claim.

The Board has ordered further development due to pending issues regarding service connection for various conditions. The case is now remanded for additional examinations and consideration.

The veteran's claims for increased ratings and TDIU were denied. The RO granted increased evaluations for his right foot disability, scars of the face and neck, and donor site scar of the iliac crest.

The veteran's death was not caused by his service-connected disabilities, and he should have received a total rating due to unemployability for a period of 10 or more years immediately preceding his death.

The veteran's claims for increased evaluations for scars of the head and face, residuals of lacerations, and for residuals of a laceration of the abdominal wall were denied. The veteran did not meet the criteria for an initial evaluation in excess of 10 percent under either the old or revised VA rating criteria.

The Board found that the veteran's pilonidal cyst scar is non-symptomatic and denied an increased rating. The schizophrenia and eczema claims are remanded for further development.

The Board dismissed the appeal due to the appellant's withdrawal of his appeal.

The Board denied an increased disability rating for the veteran's post-operative causalgia of the left ilio-inguinal nerve, but granted a non-compensable disability rating for his inguinal scar. The maximum schedular rating available for complete paralysis of the ilio-inguinal nerve is 10 percent.

The Board has determined that the case must be remanded to obtain additional records and for further medical examinations. The veteran's claims of entitlement to earlier effective dates, increased evaluations, and service connection are also being addressed.