Scars decisions — 2005

The Board has remanded the case for additional development due to inadequate examination and missing medical records.

The veteran's claim for a compensable rating for his service-connected residuals of a fracture of the right fourth and fifth metacarpals is being remanded due to the need for further development, including obtaining VA medical records and scheduling another VA examination.

The Board denied the veteran's claim for an earlier effective date for TDIU, finding that the criteria for TDIU were not met prior to February 24, 1998.

The Board has reopened the appellant's claim for service connection for the cause of her husband's death due to new and material evidence submitted. The veteran's service-connected psychiatric disorder, including anxiety and depression, is found to have contributed substantially or materially to his fatal stroke.

The Board has granted an initial noncompensable rating for the veteran's appendectomy scar, finding that it is tender and painful while working. The pain more nearly approximates a 10% rating under Diagnostic Code 7804.

The veteran withdrew his appeals for the claims of service connection for a right eye cyst, left leg condition, back pain, left testicle condition, groin pain, skin rash, burn scars of the hands, diabetes mellitus and headaches. The appeal regarding PTSD remains.

The Board has denied all three issues related to service connection due to a lack of evidence showing an in-service injury or disease and no current disability.

The Board has denied the appellant's claims for service connection for left shoulder disability, arthritis, and a disability manifested by throbbing, tingling, and numbness of the hands. The evidence does not support a finding that these conditions were incurred during his period of active duty for training.

The Board has determined that the veteran's claimed conditions, including low back disability (including arthritis), bilateral pes planus, scarring behind the ears, and chronic headache disability, were not incurred or aggravated during his first period of active military service. The evidence does not establish a nexus between these conditions and service.

The Board has determined that the veteran's burn scars meet criteria for a 10 percent rating, as they cause discomfort and sensitivity to both heat and cold. The current rating schedule allows for this level of disability.

The veteran's claims for increased ratings for hemorrhoids and abdominal scar were denied. The veteran's service-connected hypothyroidism, constipation, fatigue, and headaches are currently rated at 10%, 20%, and 10% respectively.,Service connection for nausea, vomiting, and gastric reflux was severed due to a finding of excessive alcohol consumption as the cause of symptoms.

The Board has granted higher initial ratings for the veteran's service-connected right and left shoulder disabilities, with specific findings on the nature of the disability and the appropriate rating.

The veteran's claim for a compensable disability rating for his service-connected right index finger scar was denied. The Board found that the evidence did not show functional loss due to the scar, and thus no higher rating could be assigned.

The Board has denied reopening the veteran's claims for service connection for facial laceration scars and residuals of a head and neck injury due to lack of new and material evidence.

The veteran disagrees with the effective date for the award of service connection for scars of his right third and fourth digits, which was granted in June 2003. The RO will need to address this disagreement.

The veteran's claims for increased ratings for his service-connected disabilities were denied. The RO maintained the initial rating of 10 percent for Muscle Group XIV and did not grant any higher ratings.

The veteran's service-connected disabilities preclude him from securing or following a substantially gainful occupation.

The veteran's burn scars on the left and right legs are rated at 10 percent each, resulting in a combined rating of 20 percent for these conditions.

The veteran's claims for service connection and increased evaluations are being remanded due to the need for additional VA examinations, updated medical records from his recent period of active duty, and consideration of revised rating criteria.

The veteran's appeal is being remanded for a hearing before a Veterans Law Judge at the RO. The issues of increased disability evaluations for diabetes mellitus, type II and residual scar are still pending.