Scars decisions — 2003

The veteran's claim for an increased rating for his service-connected multiple scars of the right hand is being remanded due to the need for additional development, including obtaining VA outpatient records and a VA orthopedic examination.

The veteran's claims for increased ratings for acne keloid scars of the face, chest and abdomen, and shoulders and back have been granted. The effective date is not specified.

The Board denied reopening the claim for service connection of varicose veins of the left leg and granted a 10% rating for scars of the left tibia.

The Board has granted service connection for a scar near the right eye as a residual of an in-service head injury. The veteran's other claimed residuals, including hearing loss and dizziness/seizure disorder, are still under development.

The RO denied the veteran's claims for various disabilities, including left knee disability, skull fracture residuals, fractures of first proximal phalanx, facial scars, renal calculi, and a left thumb scar. The decision is not about service connection.

The Board has granted service connection for a right foot disorder, including right foot drop. The claims of entitlement to higher initial evaluations for keloid scars and degenerative joint disease of the right knee are addressed in the REMAND section.

The Board found that there was no error in the application of law or facts in the April 2, 1992 rating decision's failure to consider a claim for entitlement to separate service connection for scars, status post bilateral fasciotomies of the lower extremities. The April 2, 1992 rating decision did not involve clear and unmistakable error.

The Board has determined that additional development is necessary and the case is being remanded to the RO for further actions.

The veteran's service-connected low back disorder is rated at 40 percent, effective November 15, 2001. His right elbow and left wrist skin graft conditions are each rated as non-compensable.

The veteran is seeking an increased evaluation for his service-connected shell fragment wound of the left flank with scars, which is currently rated at 10 percent. The case has been remanded to ensure compliance with VCAA requirements and additional development.

The Board denied the appellant's claims for increased disability ratings and service connection for various conditions due to an undiagnosed illness. The evidence did not meet the criteria for any compensable evaluations or service connections.

The veteran's claims for increased ratings for his service-connected shell fragment wound scars on the right arm, right scapula, and right side of the trunk were denied. The RO granted a compensable disability rating of 10 percent for the scar on the right arm but did not grant higher ratings for the other two scars.

The veteran's claim for an earlier effective date of TDIU was denied as he did not meet the schedular or extraschedular criteria for a TDIU prior to July 1, 2000.

The Board denied the veteran's claim for Service Disabled Veterans' Insurance (RH) under 38 U.S.C.A. § 1922(a) due to his nonservice-connected cervical disc disease and coronary artery disease, which exceeded the required 'good health' criteria.

The Board denied service connection for a psychiatric disorder and found that new and material evidence had been submitted to reopen claims for service connection for a headache disorder and for a low back disorder. The issue of an increased rating for a right eye disability was remanded.

The veteran's initial 10% ratings for burn scars on both legs were denied. The RO found that the scarring did not meet criteria warranting a higher rating.

The Board found that the veteran did not file a claim for TDIU prior to October 31, 2000. Therefore, his effective date for TDIU is denied as it does not meet the criteria for an earlier effective date.

The veteran's service-connected disabilities are being reviewed to determine if they render him in need of aid and attendance or housebound, given his recent medical deterioration.

The veteran's initial ratings for altered sensation of the tongue with minimal speech alteration and loss of teeth have been granted, but no higher. The scar on the lower lip and tongue remains at a 10% rating.

The veteran's splinter scars on the right arm and viral hepatitis are not rated compensably, and a combined rating for multiple noncompensable disabilities is denied.