Scars decisions — 2005

The veteran's claims for increased evaluations of his service-connected scars, abdominal wall and right flank were denied prior to May 8, 2004. From May 8, 2004, the RO assigned a 10 percent evaluation for these conditions. The claim for an increase in the rating for scars on the right thigh was also denied.

The Board finds that the veteran's need for regular aid and attendance is established, meeting the criteria set forth in 38 C.F.R. § 3.352(a).

The veteran's service-connected scar on his right side of the neck is currently rated at 10 percent, but does not meet the criteria for a higher rating as it does not demonstrate any disfigurement or severe tenderness/pain.

The Board found that the veteran's current symptoms, including numbness and loss of grip in his left hand, are not related to his service-connected gunshot wound scar. The disability is currently rated at 10%.

The veteran's service-connected residuals of a right middle finger injury, including arthritis and a scar, are currently rated at 10 percent. The RO found that the current rating adequately reflects his symptoms.

The veteran's anxiety disorder is granted a 30 percent rating, effective from the date of claim. Right thigh and right upper arm scars are each granted a noncompensable rating.

The Board has determined that the veteran's service-connected scars, right forehead, residuals of shrapnel wound with tenderness do not warrant a rating in excess of 30 percent for the period from August 30, 2002 to present.

The veteran's service-connected left inguinal hernia and associated scar have been rated as 10 percent disabling since September 18, 1998. The Board found that the evidence did not meet the criteria for a higher rating prior to this date.

The Board has granted separate evaluations for the veteran's left shoulder and chest scars, with a 10 percent evaluation assigned to each. The claim for an effective date prior to July 10, 1995 for the assignment of a separate 10 percent evaluation for a gunshot wound injury to Muscle Group XXII is also granted.

The veteran's service-connected disabilities, including coronary artery disease with atrial fibrillation and amputation of the left thigh, have resulted in a level of incapacity consistent with loss of use of his right foot. The Board has determined that he is entitled to special monthly compensation based on loss of use of the right foot.

The Board has granted a 10 percent evaluation for the veteran's service-connected atypical vascular /migraine headaches, effective from February 24, 1993. The other issues on appeal have been referred to the RO for further action.

The Board denied the reopening of the claim for service connection for postoperative residuals of burn scars of the left hand, finding that new and material evidence had not been received.

The Board denied an earlier effective date for TDIU due to the lack of factual ascertainability that the veteran was unemployable prior to June 18, 1996.

The veteran's claim for earlier effective dates was denied as the RO found that service connection was not warranted prior to April 16, 2001.,An effective date of June 1, 1971, is granted for both the award of service connection for laceration scars of the abdomen and a laceration scar of the left forearm.

The appellant's service-connected disabilities do not meet the minimum jurisdictional threshold for a TDIU, as his combined evaluation is 20 percent. The Board finds no evidence of unemployability due to service-connected or compensation-related disability.

The Board denied the veteran's claims for increased ratings for duodenal ulcer with residual scarring and low back strain with degenerative joint disease of the lumbar spine, finding that the evidence did not support a higher rating under the applicable criteria.

The veteran's claims for service connection for tinnitus and an initial compensable evaluation for his residual scar of the right hand were not addressed due to procedural issues. The claim for a rating greater than 20 percent for healed fractures of the second and third digits of the right hand was denied, while he received a noncompensable rating for his service-connected residuals.

The veteran's claims for increased ratings and service connection have been denied. The Board found that the evidence did not support granting higher disability ratings or establishing new service-connected conditions.

The VA denied an increased rating for laceration scarring of the head, maintaining a 10% disability rating. The claim for an initial compensable rating for residuals of injury to the left vas deferens was also denied.

The veteran's claims for higher ratings on the scars from shell fragment wounds were denied. The claim for service connection for essential hypertension, secondary to diabetes mellitus, was not considered as it has not been adjudicated by the RO.