Scars decisions — 2005

The veteran's service-connected disabilities meet the schedular requirements for a TDIU, and he is currently unemployable due to these conditions.

The veteran's claims for increased ratings are being remanded due to the need for additional development, including obtaining treatment records and scheduling VA examinations. The hearing at the RO is also scheduled.

The veteran's right eye injury with corneal scarring and retained glass is currently rated at 0 percent disabling.,The veteran's PTSD is currently rated at 30 percent disabling.

The Board found that the veteran's post-operative infections were not caused by VA carelessness, negligence, or error in judgment. The infections were deemed reasonably foreseeable given his medical history and condition.

The veteran's claim for special monthly compensation based on the need for regular aid and attendance or at the housebound rate is being remanded due to incomplete medical records, a lack of determination regarding his need for regular aid and assistance, and an incomplete examination report.

The veteran's PTSD is rated at the highest possible rating of 100 percent, and his postoperative prostate cancer residuals are rated at 40 percent. The shell fragment wound residuals of the left thigh remain noncompensably disabling.

The veteran's service-connected disabilities are sufficiently disabling to prevent him from securing or following substantially gainful employment, and the Board has granted his claim for a TDIU.

The veteran's post-operative scar of the right ear was increased to a 30 percent evaluation from August 30, 2002. His service-connected neuritis of the fifth cranial nerve continues to be rated at 10 percent.

The Board has granted a 100 percent rating for the service-connected epigastric hernia and a 10 percent rating for the scar of the abdomen, effective from October 2001.

The Board finds that the veteran does not currently have a right facial strain or any other disability resulting from his in-service head laceration, and thus service connection for a right facial strain is denied.

The veteran's claims for service connection for hiatal hernia and scarring of vocal cords secondary to the hiatal hernia are being remanded due to the unavailability of his service medical records.

The Board has remanded the case for further development, including a VA dermatologic examination to determine the current severity of the veteran's service-connected acne with scars and whether any residual scarring is tender and painful. The RO should consider a separate rating for tender and painful residual acne scars if warranted.

The Board has found that the August 1948 rating decision contained clear and unmistakable error in failing to address the veteran's gunshot wound injury to his right buttock. The RO is directed to reconsider this issue, taking into consideration both Muscle Groups involved.

The veteran's claim for a rating in excess of 0 percent for a scar of the forehead was denied as VA could not determine his current condition without an examination, and he failed to report for the required examination.

The Board found that the veteran's current psychiatric condition and left ear scar were not caused by VA hospital care, medical or surgical treatment, resulting in additional disability. The evidence did not establish that VA was at fault for the veteran's conditions.

The Board has denied the veteran's claims for service connection for choroidal nevus of each eye and chorioretinal scarring of each eye, finding that there is no clear and unmistakable evidence to support either claim.

The Board has determined that the veteran's service-connected disabilities did not contribute to his death, and thus denied the claim for service connection for the cause of the veteran's death.

The Board has determined that the veteran did not file a valid substantive appeal on the issue of entitlement to an increased evaluation for a nasal scar, and thus this claim is dismissed.

The veteran's service-connected hepatitis C is currently rated as noncompensable, but a higher rating of 10% has been granted effective from July 2, 2001. The scar associated with the left eye injury remains at a noncompensable rating.

The Board denied increased ratings for bilateral hip scars and a right wrist disability, finding that the veteran's conditions did not warrant higher evaluations based on current medical evidence.