Scars decisions — 2004

The Board dismissed the appellant's appeals for various issues, including whether a noncompensable evaluation was clearly and unmistakably erroneous, service connection for PTSD, and service connection for scarring of the left tympanic membrane. The appeal was also dismissed for increased ratings for lumbosacral strain with degenerative changes, recurrent dislocation of the left shoulder, and tinnitus.

The veteran's left knee condition, including a total knee replacement and arthritis, is rated at 30 percent. His right knee disability, including degenerative joint disease, is also rated at 10 percent.

The Board denied the veteran's claims for increased ratings for his service-connected gunshot wound residuals and denied his claim of service connection for traumatic arthritis. The veteran's left hand disabilities are rated based on their current manifestations.

The Board denied the veteran's claims for service connection and compensation under 38 U.S.C.A. § 1151 for a lower abdominal scar, finding that there was no evidence of any current disability related to her in-service cesarean sections.

The veteran's claims for increased evaluations and service connection are being remanded due to the need for additional evidence, including Social Security Administration records and VA medical center records. The RO must also schedule examinations to determine the current level of disability due to diabetes mellitus, post-surgical scar, eye disability, and asthma.

The veteran withdrew his substantive appeal, effectively dismissing all issues on appeal.

The Board has determined that the veteran's claimed cervical spine disorder, lumbar spine disorder, scar on the back of the neck, and scar on the left forearm were not incurred in or aggravated by active service. The veteran's bilateral hearing loss was also not related to his period of service.

The veteran's claim for service connection for diabetes mellitus was granted. However, his claims for compensable initial ratings for shrapnel wound scars of the right hand and left buttock were denied.

The veteran's service-connected low back disability is rated at 40 percent, which is the maximum schedular rating for severe limitation of motion. The Board has granted a total disability rating based on individual unemployability (TDIU).

The Board denied the veteran's claims for an initial rating in excess of 10 percent for chondromalacia of the left patella, with residual weakness of the left thigh and a compensable rating for a residual scar from right knee laceration.

The Board denied the veteran's claims for service connection for a scar on his right side of head and dismissed his earlier effective date claim for headaches, as well as his increased evaluation claim for residuals of laceration to the left parietal region.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination. The issues of increased rating for his shoulder condition and service connection for hearing loss are both pending.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for disabilities resulting from VA hospitalization or medical/surgical treatment in May 1985, and the Board has determined that additional information is needed to properly adjudicate his claim.

The Board has determined that the veteran's service-connected appendectomy scar does not meet the criteria for a compensable disability rating under any applicable diagnostic codes. The scar is superficial and asymptomatic with no functional impact or limitation.

The veteran's service-connected scars have been denied initial and increased evaluations.

The Board has remanded the case for additional development, including obtaining a supplemental statement from the VA physician who examined the veteran in November 2003 and ensuring that all pertinent medical records are obtained.

The veteran's initial compensable ratings for scars on the back of the neck and residuals of a nasal fracture were denied. He was also denied a rating based on multiple, noncompensable service-connected disabilities.

The veteran's service-connected right foot hammertoe deformities, pes planus, and status post hammertoe repair of the fifth toe with a residual scar are currently rated at 10% each. The Board finds that these conditions do not warrant an increased rating as they do not meet the criteria for moderately severe disability in either foot.

The Board denied the veteran's claims for service connection for postoperative residuals of left eye surgery, a scar of the left eye, and loss of sight of the left eye. The evidence did not support a finding that these conditions were related to his active military service.

The claim for DIC under 38 U.S.C.A. § 1318 is denied because the veteran's service-connected disabilities were not continuously rated totally disabling by a schedular or unemployability rating for at least 10 years immediately preceding his death.