Scars decisions — 2004

The Board found that the veteran's service-connected healed scar, occipital area, residual of lacerated wound warrants a 10 percent rating effective August 30, 2002. The criteria for this rating were met as there was one characteristic of disfigurement (scar width at least 1/4 inch wide) under the revised skin disability rating criteria.

The veteran's claim for an increased evaluation of a scar as a residual of a fracture of the right tibia is being remanded. Additionally, his request to reopen a service connection claim for a low back disability secondary to the service-connected scar is also referred to the RO for development.

The veteran's claim for an increased rating of his right elbow scar was remanded due to the RO not addressing the applicable rating criteria from August 30, 2002. The case needs to be re-adjudicated using the correct criteria and a supplemental statement of the case should be issued.

The Board has granted service connection for irritable bowel syndrome, finding that it is presumed to have been incurred in the veteran's active duty service. Service connection for complications of childbirth (scar from Cesarean section) was not established.

The Board denied the claims for service connection for the cause of death, entitlement to DIC benefits under 38 U.S.C.A. § 1318, and entitlement to Dependents' Educational Assistance under 38 U.S.C. Chapter 35 due to lack of evidence showing a direct relationship between the veteran's service-connected conditions and his death.

The VA determined that the veteran's service-connected tender scars, residuals of shell fragment wounds to his legs do not warrant a higher disability rating than 10 percent.

The veteran's claims for service connection were denied as his claimed conditions are not shown to be related to his military service.

The Board has determined that diabetes mellitus and hypertension were not incurred or aggravated during service, nor are they presumed to have been incurred within one year of discharge. The scar on the right third finger is also denied as it is not related to service.

The veteran's claims for increased ratings are being held in abeyance pending further action by the RO.

The Board found that the veteran's burn scars were not incurred or aggravated in service and denied his claim for service connection.

The Board has denied the veteran's claims for service connection for upper respiratory infections and scars, status-post circumcision. The secondary service connection claim for varicoceles is remanded to determine if it is proximately due to his service-connected post-operative residuals of left inguinal hernia.

The veteran's service-connected disabilities, including ischemic heart disease and peripheral neuropathies of all four extremities, are sufficient to meet the criteria for special monthly compensation based on the need for regular aid and attendance of another person.

The Board has remanded the case due to the need for additional evidence and a VA examination.

The Board has remanded the case for further development to determine the current severity of the veteran's heart and hypertension disorders, as well as his scar, keloid, left hand condition. Additionally, a dermatology examination is needed to assess the nature and etiology of the veteran's skin disorder other than the scar on his left hand. The cervical spine and low back disability claims are also remanded for further development.

The veteran's claims for increased ratings for anxiety disorder and a scar as a residual of burns to the right lower leg are being remanded due to need for additional examinations and records.

The Board granted an increased rating of 10 percent for a residual shell fragment wound scar in the occipital area, effective September 16, 2002.

The Board has remanded the case due to duty to notify issues and need for a new VA examination.

The Board denied the veteran's claims for a permanent and total rating for pension purposes and an original compensable evaluation for her neck scar. The evidence did not meet the criteria for a compensable evaluation under either the old or new diagnostic codes.

The veteran's appeal is being remanded for additional development, including obtaining treatment records and scheduling a VA examination. The issues of increased rating for PTSD, compensable rating for shrapnel fragment wounds, and service connection for residuals of a shrapnel wound of the right shoulder are pending.

The veteran's appeal is being remanded for further development of his claims, including obtaining medical records and scheduling examinations to assess the nature and extent of his service-connected conditions.