Scars decisions — 2004

The veteran's appeal was granted for initial compensable disability ratings for his burn scar on the right hand and service connection for muscle tension headaches. The issue of left carpal tunnel syndrome is being remanded.

The veteran's appeal is being remanded for additional development to obtain medical records and conduct examinations to determine the nature, extent, and etiology of his hearing impairment and ear disabilities.

The Board has remanded the case for further development due to changes in rating criteria and the need for a VA dermatology examination.

The Board has granted an effective date of July 24, 1997 for service connection and compensation for facial scars. The veteran's claim for a higher rating for acne vulgaris remains pending.

The Board has denied the veteran's claim for an increased rating for his service-connected scar of the scalp, finding that it does not meet the criteria for a compensable evaluation under VA's Schedule for Rating Disabilities.

The Board is remanding the case to determine if the February 10, 1984 rating decision should be reversed or amended on grounds of clear and unmistakable error (CUE). The veteran also seeks an earlier effective date for his service-connected residuals of a fractured left clavicle. Additionally, he claims that the September 16, 1999 rating action involving skull loss and forehead scar should be reversed or amended on grounds of CUE.

The Board has determined that there is no evidence of service connection for the veteran's claimed conditions, and thus denied his claims for increased ratings. The scars on the right fifth finger and right forearm do not meet the criteria for a compensable rating under the applicable VA regulations.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling VA examinations to assess the current severity of the veteran's service-connected conditions. The veteran is also advised that he can represent himself in this matter.

The veteran's claim for a compensable rating for infertility and an increased rating for scarring prior to July 2003 was denied. The RO found that the veteran does not have any disabling manifestations associated with service-connected infertility, and his scars do not meet the criteria for a compensable evaluation.

The Board denied an earlier effective date for the total rating based on individual unemployability due to service-connected disabilities, finding that April 11, 2002 was the earliest date from which a total rating may be assigned.

The veteran's non-service connected disabilities, including a chronic low back disorder and obesity, are deemed to render him unemployable. As such, he is not eligible for SDVI.

The veteran's TDIU claim is granted due to his service-connected disabilities, which include PTSD, cervical spine disability, and a zygomaticomaxillary process fracture. The combined rating for these conditions is 70 percent.

The Board has denied service connection for a respiratory disorder and a back disability. The veteran's residual scar of a projectile shell injury to the right buttock was granted, but with a noncompensable rating.

The Board denied the veteran's claims for increased ratings and service connection, finding that new evidence did not warrant reopening a claim of alcoholism and APC addiction. The rating for scars was denied as there was no evidence of more than slight or moderate disfigurement. The deviated nasal septum was rated at 10% due to complete obstruction on one side.

The Board has determined that the veteran's facial scars involving the nose, lips, right cheek and right forehead meet the criteria for a 30 percent evaluation based on disfigurement of the head, face or neck with two characteristics of disfigurement.

The veteran's appeal is being remanded to the RO for scheduling a personal hearing at the RO, as requested.

The Board has denied the appellant's claims for service connection and evaluations for his claimed conditions, including bilateral defective hearing, intermittent lateral epicondylitis of the left arm with recurring numbness, chronic lumbar strain, and hypopigmented scarring due to undiagnosed rash.

The veteran's appeal is being remanded due to procedural issues, including the need for a Statement of the Case on his claim for an initial evaluation in excess of 10 percent for left testicular pain with atrophy of the left testicle. The RO must also schedule him for a hearing before a Veterans Law Judge.

The Board found no service connection for the cause of the veteran's death and denied entitlement to Dependency and Indemnity Compensation under 38 U.S.C.A. § 1318.

The Board found that the January 1979 rating decision did not contain CUE and affirmed it. The veteran's claims for increased ratings remain pending.