Scars decisions — 2004

The veteran's service-connected muscle herniation of the right forearm and scars were evaluated, but his hypertension claim was remanded. The current evaluations for both conditions are denied.

The VA has determined that the veteran's service-connected scars do not warrant an increased evaluation as they are considered to be of a slight nature and do not meet the criteria for higher ratings under either the old or new rating criteria.

The Board found that there is no evidence to support a finding of a current nervous disorder due to service, and thus denied the veteran's claim for service connection.

The Board has granted service connection for hepatitis C and denied service connection for a scar of the upper left arm.

The veteran's claims for disability benefits under 38 U.S.C.A. § 1151 were denied in final decisions, and new and material evidence was not submitted to reopen the claims.

The Board denied increased ratings for left eye aphakia and right eye lens scar prior to May 8, 2001.

The veteran's service connection claims for various conditions have been granted, with the exception of conjunctivitis. The left elbow disability is found to be related to service and rated at 20 percent. Other conditions are also found to be related to service.

The veteran's service-connected disabilities do not necessitate the care or assistance of another person on a regular basis to attend to his activities of daily living and protect him from hazards in his environment. The need for aid and attendance is due to non-service connected paraplegia caused by spinal stenosis.

The Board denied the veteran's claims for an earlier effective date for TDIU and special monthly compensation by reason of need for regular aid and attendance or being permanently housebound, finding that there was no formal or informal claim prior to August 20, 1996. The RO had granted TDIU based on a combined service-connected disability rating of 80% as of August 20, 1996.

The veteran's claim for special monthly compensation based on the need for aid and attendance of another person is being remanded to allow consideration of additional VA examination reports, including those related to his service-connected disabilities. The case must also be readjudicated in accordance with the Veterans Claims Assistance Act of 2000 (VCAA).

The veteran's right femur and left knee scars are rated at 30 percent, while his low back disorder is rated at 40 percent. The RO granted the increased disability ratings for all three conditions.

The VA denied an initial, noncompensable evaluation for residual scars from a gunshot wound to the right arm and back. The RO found that none of the veteran's scars resulted in any limitation of function of the affected parts, and there was no objective evidence showing tenderness or pain on examination.

The Board denied the veteran's claims for higher ratings for his service-connected low back strain and tendonitis of the right foot, as well as his claim for service connection for scars on his right forearm. The RO assigned a noncompensable rating for the veteran's low back disability.

The veteran's claims for increased ratings have been granted, with the exception of his claim for a scar from an excision of a cyst on the right thigh. The other conditions and issues were all granted.

The Board denied the veteran's request to reopen his claim of entitlement to service connection for left knee disability, other than a laceration scar. The issue regarding a compensable evaluation for a laceration scar was not addressed in this decision.

The Board has granted service connection for right ear hearing loss and hypertension, finding that the veteran's conditions existed prior to his active duty but were aggravated during service. The other issues are remanded for further development.

The veteran's claims for increased ratings and effective dates were all granted. The veteran was awarded a rating of 100 percent for PTSD, which meets the criteria for a total disability evaluation based on individual unemployability (TDIU).

The Board denied the veteran's claims for service connection for refractive error of the eyes, bilateral eye disability (to include corneal scars), and back disability. The claim for increased rating for right knee injury with degenerative joint disease was also addressed in the remand portion.

The veteran's claims for increased ratings and service connection were denied. The numbness of the right hand, as a residual of lipoma excision from the right shoulder, was not found to be related to active service or a service-connected disability.

The Board has denied the veteran's claims for service connection for bilateral eye disability, right knee disability, cervical spine disability, and right arm and shoulder disability. The evidence does not support a finding of in-service injury or disease related to these conditions.