Scars decisions — 2003

The veteran's service-connected residuals of a left eye injury are manifested primarily by complaints of blurred vision, a posterior subcapsular cataract (PSC), chorioretinal scarring, concentric contraction of the visual field to between 30 and 34 degrees and corrected visual acuity for distance of no worse than 20/200 plus in the left eye and 20/25 in the right eye. The criteria for a rating in excess of 20 percent have not been met.

The veteran's claim for a total disability rating based on individual unemployability is granted due to his service-connected disabilities, including post-traumatic stress disorder, hearing loss, and sinus problems. The medical evidence shows that the veteran is unable to secure or follow a substantially gainful occupation as a result of these conditions.

The VA denied the veteran's claim for an increased evaluation of his service-connected scar on the left patella and lower thigh, maintaining a 10 percent disability rating.

The Board has determined that the veteran's claims for increased evaluations of his facial scars, tracheotomy scar, fractured nose with deviated septum, and cystoid macular edema of the right eye are denied as they do not meet the criteria for a higher evaluation under applicable VA rating criteria.

The Board found that the veteran's service-connected right foot scar is superficial and painful, but did not meet the criteria for a rating in excess of 10 percent.

The Board has denied the veteran's claims for service connection for a chronic low back disability, bilateral pes planus, residuals of amputation of the third toe of the right foot, chronic headaches, and scars behind the ears. The appeals are all denied as there is no evidence linking these conditions to service.

The Board has determined that the appellant requires regular aid and attendance due to his service-connected disabilities, warranting special monthly compensation based on this need.

The veteran's appeal is being remanded to the RO for scheduling a Board hearing at the RO. The issues of service connection for headaches and a compensable rating for a head scar are pending.

The veteran's death was not service-connected, and his DIC benefits based on the provisions of 38 U.S.C.A. § 1318 were denied.

The Board has ordered further development due to a procedural issue, and the case is being remanded for initial review by the RO.

The Board denied service connection for residuals of punji stick wound and assigned initial disability ratings for PTSD, retained shrapnel and scar of the left upper eyelid, and scars of the right shoulder area. The veteran's PTSD is rated 50% before December 31, 2001, and 70% as of that date. The scars are not compensable.

The Board denied increased ratings for the veteran's service-connected disabilities, including right foot weakness and dysfunction with deformity of first, second, and third toes; left shoulder disability (shell fragment wound); right shoulder scar with retained foreign body as a residual of shell fragment wound; right thigh scar with retained foreign body as a residual of shell fragment wound; right knee scar with retained foreign body as a residual of shell fragment wound; and lumbar area scar with retained foreign body as a residual of shell fragment wound.

The VA denied a compensable evaluation for the veteran's laceration scar of the left forehead, finding it not to be disfiguring or severely disfiguring.

The Board found that the veteran's shoulder damage was not caused by VA treatment and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board has determined that the veteran does not have residuals of a concussion or loss of vision due to uveitis and chronic retinal detachment, left eye, and chorioretinal scar, right eye, that were incurred in service. The preponderance of evidence is against these claims.

The Board has determined that the veteran's residuals of uvulopalatal resection and endoscopic right inferior partial turbinectomy, including scarring, narrowing, and stenosis of the naso-oropharynx, meet the criteria for VA compensation under 38 U.S.C.A. § 1151.

The Board has determined that the veteran's residuals of an injury to muscle group XII warrant a 10 percent rating, effective from his date of claim. Service connection for vascular insufficiency was denied.

The Board denied the veteran's claim for an earlier effective date for a 10% rating for scarring, laceration of the bridge of the nose, finding that no increase in disability occurred prior to September 9, 2000.

The Board has granted service connection for a scar of the chin, finding that it is at least as likely as not related to active service.

The veteran's claim for TDIU was denied as the RO had already awarded a 100 percent schedular rating for PTSD, which is considered total disability. The issues of increased ratings for hearing loss and tinnitus are pending.