Scars decisions — 2004

The Board has remanded the case due to incomplete records and the need for a VA examination.

The Board has determined that additional development is needed before the claims can be fully adjudicated. This includes obtaining medical records, arranging for a VA examination to assess PTSD, and ensuring compliance with all requested development.

The Board denied the veteran's claim for service connection for a skin disorder, including scarring, pimples, and loss of hair, as a result of exposure to herbicides, specifically Agent Orange. The decision found no evidence linking these conditions to his military service.

The Board has ordered further development due to pending requests for evidence. The case will be returned to the RO for additional development and consideration.

The veteran's death was not caused by any service-connected disability, and there is no evidence linking his death to a disease or injury incurred in active duty.

The veteran's appeal is being remanded for additional development, including obtaining medical records and arranging for a VA examination to assess the severity of his appendectomy scar.

The Board has granted an increased rating to 20 percent for the service-connected postoperative residuals of injury to the medial aspect of the left lower leg, with moderate incomplete paralysis of the posterior tibial nerve and a faint, 8-inch, well-healed, nontender, asymptomatic scar.

The Board has determined that the veteran's current corneal scar on his right eye is a result of an active herpes simplex virus infection during reserve component duty, which was aggravated by the performance of duties. The evidence supports this conclusion.

The veteran's right shoulder shell fragment wound residuals are rated at 30 percent, and the scar on his forearm is not compensable.

The Board found that the veteran's nose scar does not meet the criteria for a compensable rating under VA disability evaluation guidelines.

The Board has remanded the case for further development and review, including obtaining records related to the veteran's placement on long-term disability and forced retirement in 2000, scheduling a VA examination to assess the impact of service-connected disabilities on employment, and re-adjudicating the TDIU rating claim.

The veteran's combined rating for service-connected disabilities is 60 percent, which does not meet the schedular requirements for a total rating based on individual unemployability. The case has been referred to the Director of VA Compensation and Pension Service for extraschedular consideration.

The Board has granted a 40 percent rating for the veteran's gunshot wound of the right thigh, and denied an increased rating for his forehead scar.

The veteran's appeal is remanded for further examination and evaluation, including a psychiatric assessment and an examination of the left testicle.

The Board has granted a 30 percent evaluation for the veteran's scarring in the left ear area with retained foreign body, effective from the date of his original service connection. The claim for increased rating for bilateral defective hearing remains unresolved.

The Board denied the veteran's claims for increased ratings and service connection due to a lack of medical evidence linking his current disabilities to cold weather exposure during service.

The veteran's appeal is remanded for additional development due to the VCAA and related legal requirements.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected disabilities.

The Board denied the appellant's claim for DIC under 38 U.S.C.A. § 1318 based on entitlement to a total disability rating for a continuous period of at least 10 years prior to death, finding that the veteran did not meet the criteria as his service-connected disabilities were rated less than totally disabling and he was not in receipt of compensation due solely to clear and unmistakable error (CUE) in a VA decision concerning the issue of service connection, disability evaluation, or effective date.

The veteran's claims for increased ratings for his service-connected shell fragment wound residuals and for service connection for PTSD were denied.,PTSD was found to be incurred in active service.