Scars decisions — 2003

The veteran's claims for increased ratings and service connection were denied. The RO granted service connection for a scar on the right upper lip but assigned a no percent rating.

The Board denied the veteran's claims for compensable evaluations for his left fourth finger fracture and right hand scar, as well as his service connection claims for residuals of a head injury and sterility. The evidence did not support granting any of these claims.

The Board has decided to remand the case for additional development, including contacting witnesses and reviewing ACDUTRA records.

The Board has granted service connection for scars of the right and left lower extremities as residuals of shrapnel wounds, effective March 5, 1993. The veteran's claims for earlier effective dates have been denied.

The Board has granted service connection for residuals of a left hand injury, described as scars on the left 3rd and 4th fingers. Service connection was also granted for a low back disorder and a skin disorder. However, service connection for PTSD was denied due to lack of diagnosis.

The veteran's claimed conditions, including dyshidrosis of the hands and feet, headaches, weight gain, degenerative joint disease, loss of memory, weakness and lack of energy, gastroesophageal reflux disease (GERD), and cellulitis of the left lower extremity with a scar, are not related to his active service or due to an undiagnosed illness. Service connection for these conditions is denied.

The Board has determined that the veteran's current painful feet are related to his service-connected frostbite, and he is granted a compensable rating for his corneal scar. The appeal is granted.

The Board has granted service connection for the loss of the left eye and confirmed the initial 30 percent rating for PTSD.

The Board has granted service connection for the veteran's puncture wound scar of the left hand, with cellulitis and awarded a 10 percent rating. The effective date for this award is set at April 23, 1973.

The VA determined that the scar of the right lower eyelid does not meet the criteria for a compensable rating under either the old or new rating criteria.

The Board found that there was insufficient evidence to establish a permanent and total disability rating for pension purposes due to the veteran's nonservice-connected disabilities, as many of his conditions were unclear or not thoroughly examined in the provided medical records.

The Board found that the cause of death, sepsis due to pneumonia, was not caused by a service-connected disability and did not contribute substantially or materially to the cause of death. The claim for DIC under 38 U.S.C.A. § 1318 is denied.

The February 10, 1972 rating decision denying the veteran's TDIU claim was not clearly and unmistakably erroneous. The appellant is not entitled to DIC benefits under 38 U.S.C.A. § 1318 as she did not meet the requirements for such benefits.

The Board denied the veteran's claims for increased ratings and service connection, finding no evidence of a current right upper or lower extremity disability aside from his existing service-connected conditions.

The veteran's service-connected disabilities are found to be severe enough to prevent him from securing or following any substantially gainful occupation, and the Board grants a total disability rating for compensation purposes based on individual unemployability.

The veteran's service-connected disabilities, including a skull defect and facial scars, do not prevent him from securing and following substantially gainful employment.

The Board denied the veteran's claim for service connection for chloracne and resulting residual facial scars, finding no evidence of such conditions during service or within a year after service. The veteran was presumed to have been exposed to Agent Orange in Vietnam.

The veteran's postoperative residuals of excision of a right chest growth, including a scar, were incurred during his active service and the Board has granted service connection for this condition.

The veteran's service connection claim for residuals of excision of a left ear cyst is granted as the evidence shows that he had two surgeries to remove a cyst during his military service, resulting in a residual scar. The Board found that this meets the criteria for direct service connection.

The veteran's claim for increased ratings for shell fragment wound scars of the right and left legs was denied due to failure to report for scheduled VA medical examinations without good cause. The claims for an initial rating in excess of 10 percent for PTSD and a total rating based on individual unemployability due to service-connected disabilities were also denied.