Scars decisions — 2004

The Board has determined that the veteran's left hand disorder, characterized as a scar of the left thumb, was incurred in service. The neck and right shoulder disorders were not found to have their origins during service or for many years thereafter. The back disorder was also not found to be related to service. However, the reduction of the 30 percent rating assigned for the veteran's right hand disorder to a 10 percent rating was upheld as proper.

The veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and employment-related records.

The veteran's appeal for initial compensable ratings for his service-connected right ulnar styloid fracture and laceration scar of the right index finger was denied. The Board found that the evidence did not meet the criteria for a compensable rating under the applicable VA rating schedule.

The Board denied the veteran's claims for increased ratings for his PTSD, ulnar palsy, shell fragment wound with lacerated brachial artery, residuals of fracture with retained foreign bodies, and scars from shell fragment wounds. The rating assigned was 70 percent for PTSD.

The Board found that the veteran's service-connected left foot scar, residuals of puncture wound, is rated appropriately at 10 percent and does not meet criteria for an increased rating.

The Board has reopened the claim for service connection for double pneumonia and granted it. The claims for COPD and scarring of the lungs were also granted, with COPD being determined to be related to service due to its chronic nature and history of exacerbations. Service connection was established for all conditions based on direct evidence.

The Board has granted service connection for right hip strain and denied service connection for the other conditions. The veteran's current diagnoses of right hip strain are supported by his in-service treatment records, which indicate recurrent right hip pain.

The veteran's postoperative residuals of left ulna fracture with ulnar nerve transposition are granted a 50% evaluation. The other issues remain unresolved.

The veteran's initial claim for a compensable evaluation for his scar of the left antecubital fossa was granted, and he is currently receiving a 10 percent evaluation. The RO has also assigned separate evaluations for motor function disability (20%) and sensory loss (20%) of the left upper extremity.

The VA determined that the veteran's burn scar of the right forearm does not warrant a higher evaluation, as it is currently rated at 10 percent and meets the criteria for this rating based on its current manifestations.

The veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, warranting a total disability rating based on individual unemployability.

The Board denied the veteran's claims for service connection for PTSD, left leg disorder, lip scar, nose injury residuals, dental trauma residuals, and eye injury residuals. The evidence received since the last denial did not provide new or material information to reopen any of these claims.

The veteran's claims for increased ratings and service connection were denied. The Board found no evidence linking the veteran's current eye disability to his active military service.

The Board has granted service connection for residuals of shrapnel injury in the left eyebrow, residual scarring from a bullet wound in the left leg, and tinnitus. These conditions are considered resolved as they have been granted.

The veteran's claim for a compensable rating for his service-connected low back scar is remanded due to the need for additional development. The issue of whether new and material evidence has been received to reopen his claim of service connection for a low back disorder is also remanded.

The veteran's service-connected multiple scars of the left upper arm and arthritis of the left knee are both granted. The veteran is currently receiving a 10 percent evaluation for his arthritis of the left knee.

The Board found that the veteran does not have PTSD and denied his claims for service connection for PTSD, a scar over the right eye, and lumbar disc disease.

The Board has remanded the veteran's claims for service connection and increased evaluations due to incomplete development of records, including a German medical record that needs translation.

The veteran's appeal is being remanded to the RO for further development, including compliance with VCAA requirements and a VA examination. The issues of service connection for a lower right spine disorder and an increased rating for a surgical scar of the right thigh are also being addressed.

The VA determined that the veteran's scar of the left elbow does not warrant a rating in excess of 10 percent.