Scars decisions — 2005

The Board has determined that the veteran's service-connected back scar residuals, due to a shell fragment wound, warrant a 10 percent evaluation based on limitation of motion and pain.

The veteran's claim for a compensable rating for residual scarring from shell fragment wounds of the left chest and thigh was denied, but his PTSD claim resulted in an increased rating to 70 percent effective November 17, 1997. The decision is granted.

The veteran's scar of the right hand is currently rated at 10 percent, and his residuals of a right hand fracture are also rated at 10 percent. The Board found that neither condition warrants an increased rating.,Both conditions were evaluated under the criteria for musculoskeletal disabilities, specifically Diagnostic Codes 7804 (scar) and 5223 (fracture).

The Board has determined that the veteran's service-connected left radical orchiectomy scar does not meet the criteria for a compensable rating under any applicable diagnostic codes.

The veteran's appeal is being remanded for additional development to obtain relevant medical records and to provide the veteran with an examination to determine if his current disabilities are related to service.

The veteran's service-connected disabilities render him unable to care for himself or leave the house without assistance, and he is therefore eligible for special monthly compensation on account of need for regular aid and attendance.

The veteran's service as a recognized guerrilla does not qualify him for VA nonservice-connected death pension benefits, and the appeal is denied.

The Board found no evidence of a current disability related to the veteran's service, specifically intermittent lower extremity cramps and right axis deviation shown on EKG.,There is also no evidence of a scar on the chin that can be attributed to service.

The veteran's perianal cyst was granted service connection. However, his lipoma, skin tags, and epidermoid inclusion cysts were denied as not incurred in or aggravated by service.

The veteran's appeal for an increased rating of his service-connected scar, healed, scalp, parietal region, midline was dismissed due to the death of the veteran during the pendency of the appeal.

The Board found that the veteran's right thumb disability, which includes a fused first metacarpophalangeal joint and scars, is currently rated at 20 percent under the old rating criteria. The new criteria did not provide an outcome more favorable to the veteran. Therefore, his claim for a higher rating was denied.

The veteran's appeal is being remanded due to the need for additional development, including obtaining Social Security Administration records and considering revised rating criteria.

The Board has determined that there was CUE in the August 1969 rating decisions and reversed them, assigning separate ratings for left and right lower leg wounds. The veteran is now entitled to a combined 100% disability rating effective from June 23, 1969.

The Board denied the veteran's requests for earlier effective dates for his service-connected disabilities, including scars of the chin and forehead, right ulnar neuropathy, left shoulder impingement, and a total evaluation based on individual unemployability. The effective date for each condition was confirmed as November 7, 1994.

The Board denied an increased rating for the service-connected degenerative disc disease at L5-S1, with recurrent right sciatica, arachnoiditis, excision of scar tissue and nerve root compression at L4, L5 on the left.

The VA has determined that the veteran's service-connected residual scar from a splenectomy does not meet the criteria for a compensable rating, as it is superficial and does not cause limitation of motion or pain.

The veteran's claims for increased ratings for bilateral hearing loss, gastric ulcer disease, residuals of a skull fracture with headaches, and left thumb scar are being remanded due to the need for additional development.

The Board found that the veteran's MS did not cause his death, and there was no evidence linking any service-connected conditions to his death. The VA medical opinion concluded that the veteran died of a sudden cardiac event unrelated to his service-connected disabilities.

The veteran's left wrist disability is rated at 30 percent, and his shell fragment wound scars of the right wrist and forearm are noncompensable. The shrapnel wound scar of the right index finger is also noncompensable.

The veteran's claim for service connection for left lower leg superficial scars and minimal, benign periosteal reaction of the distal fibula and tibia was granted with a 10% evaluation effective March 30, 2001. The case is now remanded to issue a statement of the case regarding the May 2003 rating decision.