Scars decisions — 2004

The Board denied the veteran's claims for service connection for tinnitus and an initial compensable rating for a scar on his left forearm. The veteran was not diagnosed with current chronic tinnitus, and there is no evidence of limitation of function due to the scar.

The veteran's claims for an increased rating for headaches and compensation under the provisions of 38 U.S.C.A. � 1151 (West 2002) for various disabilities are being remanded due to incomplete VA treatment records, lack of proper notice regarding the VCAA requirements, and need for additional medical examinations.

The veteran's claims for increased ratings for hearing loss, tinnitus, and scars on the face were denied. The RO found that the veteran did not meet the criteria for a higher rating under the applicable VA regulations.

The Board has remanded the veteran's claim of entitlement to a total disability evaluation based on individual unemployability (TDIU) by reason of service-connected disabilities due to insufficient medical information and further development is needed.

The Board denied the veteran's claims for separate disability ratings for left upper and lower extremity residuals of a closed head injury, as well as an increased rating for right femoral fracture with knee and hip pain due to his failure to report for scheduled VA physical examinations.

The Board found that the veteran's service-connected scar and nerve damage did not warrant a higher rating as they were not productive of any limitation of motion or underlying soft tissue damage.

The veteran's service-connected conditions, including neurofibromatosis and related disabilities, make him incapable of performing daily activities without regular aid and attendance.

The veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation, and therefore his claim for TDIU is denied.

The Board has remanded the veteran's claims for increased ratings due to incomplete VCAA notification and need for additional medical examinations.

The veteran's appeal is being remanded for additional development of his claims, including obtaining treatment records and scheduling a VA examination.

The VA denied an increased evaluation for the veteran's residuals of a right fractured fibula and did not address his change in case status under the Chapter 31 Vocational Rehabilitation Program.

The Board denied the appellant's claims for increased disability ratings for his trapezius muscle spasm and restricted neck motion associated with head injury residuals, as well as his headaches. The current evaluations of 20 percent are considered appropriate based on the clinical evidence.

The Board has remanded the case for additional development, including scheduling VA examinations and obtaining medical records.

The Board has determined that the appellant's claims for higher evaluations of his service-connected arterial hypertension and left leg scars are denied. The evidence does not support a finding that either condition warrants an evaluation in excess of the currently assigned ratings.

The Board has remanded the veteran's claims for an increased evaluation for a scar of the left arm with retained splinter, as well as for service connection for bilateral hip and leg disabilities due to inadequate development under the Veterans Claims Assistance Act of 2000.

The Board denied the veteran's claims for service connection due to lack of evidence linking his claimed conditions to active duty.

The Board denied the veteran's claims for entitlement to separate ratings for left shoulder scars and chest scars, as well as an effective date prior to July 10, 1995 for the grant of service connection for a gunshot wound injury to Muscle Group XXII. The effective date for the grant of a 10 percent rating for neck scars was set at August 17, 1995.

The Board has denied the veteran's claims for an effective date prior to April 29, 1993 and a rating in excess of 30 percent for his left eye disorder. The claim for a 30 percent evaluation is granted from April 29, 1993 to May 5, 2002.

The VA denied an increased rating for the veteran's appendectomy scar, currently evaluated at 10 percent.

The veteran's claim for an increased rating for his service-connected scars is being remanded due to the need for additional development, including a VA examination and consideration of both old and new regulations pertaining to skin disorders.