Scars decisions — 2004

The Board has remanded the case for additional development, including obtaining VA treatment records and arranging an eye examination to determine the nature and extent of the veteran's eye disorders.

The Board has granted service connection for lung scarring, finding that it was incurred in active service. The veteran's claim of entitlement to service connection for chronic acquired respiratory disorders (COPD, bronchitis, and pneumonia) is now considered as well.

The Board denied the veteran's claims for service connection for PTSD, burn scars of the face and hands, and head injury residuals. The evidence did not support these claims as they were not incurred in or aggravated by military service.

The Board found that the December 1969 rating decision denying service connection for a right eye disorder did not involve clear and unmistakable error.

The veteran's claims for higher ratings for his service-connected disabilities are being remanded to allow for additional development of the evidence.

The veteran's claim for an increased rating for his service-connected gunshot wounds residuals is being remanded due to the need for a more thorough VA examination.

The veteran's claim for service connection for diabetes mellitus, Type II is denied. The RO will obtain and associate with the claims file any outstanding private medical records from his treating physician to determine if there has been a worsening of his hypertension and hand condition.

The Board denied the veteran's claim for service connection for residuals of a chest wall contusion with scars, finding that there was no evidence to support the claim and concluding that any rib fractures were not related to his military service.

The Board dismissed the motion for revision of its March 2003 decision denying a compensable evaluation for scars of a shrapnel wound to the right leg, finding that the veteran did not set forth specific allegations of error in the decision.

The veteran is permanently bedridden and in need of regular aid and attendance due to the right hip fracture, which has worsened his overall disability. Special monthly compensation based on the need for aid and attendance is granted.

The Board has determined that the veteran's claims for service connection for residuals of a contusion to the left leg and for scarlet fever (residuals) have been denied. The veteran's claim for residuals of a contusion to the left leg was not supported by evidence showing an in-service injury or disease, and no current disability is shown. For his claim of scarlet fever (residuals), the Board found that new and material evidence had not been received to reopen this previously denied claim.

The Board has decided to remand the case for additional development, including obtaining a copy of the appellant's stress test and scheduling him for a VA compensation examination. The appellant may have raised new claims regarding sleep apnea and should clarify which ones he wishes to pursue.

The Board has denied the veteran's claims for increased ratings for his service-connected migraine headaches, residuals of a medial meniscectomy of the left knee, residuals of a fracture of the left fibula, residuals of a fracture of the right thumb, and residuals of a fracture of the left fourth finger. The claim for an increased rating for the appendectomy scar was not addressed in this decision.

The VA determined that the veteran's nose scar does not meet the criteria for a higher evaluation, as it did not show severe disfigurement or marked deformity.

The Board has remanded the case for additional development due to VCAA compliance issues.

The Board denied the veteran's claims for a compensable evaluation for a scar of the left buttock, service connection for headaches as post-concussion syndrome/seizure disorder, an increased rating for his neck disability, and an initial rating greater than 30 percent for PTSD. The effective date for the total disability rating based on individual unemployability was denied.

The Board has determined that the veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on need of regular aid and attendance or being housebound.

The veteran's claims for service connection for degenerative disc disease at L5-S1 and neck scarring, including as due to exposure to herbicide are being remanded for additional development.

The veteran's second degree burn scars on his right and left lower extremities do not meet the criteria for a compensable rating under VA disability evaluation guidelines.

The Board has determined that the veteran's service-connected conditions render him unemployable, and thus grants a TDIU based on these disabilities.