Scars decisions — 2005

The veteran's service-connected right foot disorder is rated at a 10 percent evaluation, and he is granted service connection for his right ankle peroneal tendonitis.

The Board found that the veteran was not entitled to an effective date prior to January 7, 1997 for his TDIU award due to lack of factual evidence showing he was unable to secure or follow a substantially gainful occupation solely due to service-connected disabilities prior to that date.

The Board granted service connection for left lower extremity sciatic neuropathy with muscle ataxia, right lower extremity sciatic neuropathy with muscle ataxia, and a tender scar in the thoracolumbar area. A temporary 100% rating was also granted from July 19, 2002 through September 30, 2002.

The Board denied the veteran's claims for higher initial ratings and earlier effective dates in several issues, including her service-connected scoliosis of the lumbar spine, left lower extremity sciatic neuropathy with muscle ataxia, right lower extremity sciatic neuropathy with muscle ataxia, tender scar in the thoracolumbar area, TDIU, DEA, and temporary total rating for surgical treatment. The Board found that her symptoms did not meet the criteria for higher ratings or earlier effective dates.

The veteran's post-operative residuals of right-sided trigeminal neuralgia are currently rated at 10 percent effective February 10, 2003.,Prior to February 10, 2003, the veteran was not entitled to a compensable evaluation for his post-operative residuals of right-sided trigeminal neuralgia.

The VA denied the veteran's claim for an increased rating for his right knee scar, currently evaluated as 10 percent disabling.

The VA determined that the veteran's service-connected corneal scar of the right eye does not meet the criteria for a compensable rating based on current symptoms and examination findings.

The Board found that the veteran's PTSD, bilateral hearing loss, and left hip (thigh) scar do not warrant higher disability ratings based on the evidence of record.

The veteran's appeal was denied because he did not file a timely notice of disagreement with the February 2002 rating decision.

The Board denied the veteran's claims that CUE had been committed in an April 1976 rating decision that awarded noncompensable evaluations for service-connected scars of the right thigh and left thigh.

The Board has determined that the veteran's right tibia scar does not meet the criteria for a compensable evaluation under the applicable rating criteria.

The veteran's claims for increased ratings were granted, with separate evaluations of 30% each for his right and left forearm disabilities. His claim for a compensable rating for the shrapnel wound scar of the left chest was denied. The veteran's anxiety reaction disability remains at 30%.

The veteran's claims for increased ratings and a total disability rating based on individual unemployability (TDIU) were denied due to his failure to report for scheduled VA examinations in August 2004.

The veteran's claim for a total compensation rating based on individual unemployability (TDIU) is being remanded due to the need for additional development, including obtaining VA medical records and scheduling VA examinations.

The veteran's claims for service connection and increased ratings were denied. The Board found no residuals of upper arm SFWs, no hearing loss related to service, and no compensable rating for his SFW scars.

The veteran's claim for an increased evaluation for scars, residuals of lacerations of the forehead and nose was denied as there is no evidence indicating entitlement to a 10 percent evaluation from the year preceding May 31, 2001.

The VA denied a higher rating for the veteran's postoperative left forehead scarring, currently rated at 10 percent.

The veteran's claim for an increased evaluation of a right thigh laceration with residual scar is being remanded. Additionally, the VA is instructed to adjudicate his new claim for service connection for a right knee disability and inform him of the VCAA requirements.

The Board denied an increased rating for the veteran's service-connected scar of the macula of the right eye, diplopia, and exophthalmos, currently evaluated as 10 percent disabling.

The veteran's appeal is being remanded due to the need for a supplemental opinion regarding whether his service-connected disabilities render him unemployable, independent of other conditions not related to service.