Scars decisions — 2005

The veteran withdrew her appeal for lung cancer with scars and nodules on the lungs, as secondary to mustard gas exposure. The VA has fulfilled its duty to assist in obtaining evidence necessary to substantiate the claim for residuals of mustard gas exposure, including tuberculosis; pain and weakness in the arms, back and legs; loss of balance; loss of appetite and difficulty swallowing; and bleeding gums and an oral rash. However, there is no evidence of mustard gas exposure or a current diagnosis of these conditions.

The veteran's appeal is being remanded for additional development of evidence, including obtaining VA treatment records and addressing the increased rating claims and TDIU issue.

The Board denied the veteran's claims for service connection for gastritis, a pulmonary disorder, and a right elbow scar due to insufficient evidence linking these conditions to his military service.

The veteran's claims are being remanded for additional development, including VA examinations to assess the severity of his service-connected appendectomy scar and right inguinal hernia repair. The case will also be reviewed to determine if separate ratings can be assigned under Esteban v. Brown.

The veteran's claims for higher ratings for his left ankle condition and scars are being remanded due to the need for further development of the evidence.

The Board has determined that the veteran's two tender and painful scars, located on the left wrist, are separate disabilities and warrants a separate 10 percent rating for each.

The Board denied the veteran's claim for an earlier effective date for TDIU, finding that she did not meet the schedular criteria for TDIU prior to February 24, 1998. The RO assigned a 70% rating for PTSD as of February 24, 1998.

The veteran's claim for a TDIU is being remanded due to the need for additional development, including consideration of new evidence and clarification from the examiner regarding whether he reviewed the claims file.

The case has been remanded for further development of the veteran's service connection claims, including obtaining medical records and verifying his alleged shore duty in Vietnam.

The veteran's service connection claim for PTSD is granted. The issue of postoperative residuals of an excision of a meningioma with blindness of the left eye and surgical scarring remains on appeal.

The Board found that the veteran's right eye injury and subsequent vision loss were not caused by VA carelessness, negligence, or similar fault. The decision denied compensation under 38 U.S.C.A. § 1151.

The veteran's claim for an increased rating for shrapnel wound to the face was granted with a 10% evaluation. The claim for service connection of sickle cell trait with hematuria (claimed as kidney condition) has been reopened due to new and material evidence.

The VA denied increased evaluations for the veteran's service-connected right shoulder disorder and shell fragment wound scars, finding that current ratings adequately reflect the severity of his disabilities.

The Board has remanded the case for additional information regarding the veteran's visual field extent and whether he has diplopia in the central 20 degrees or between 21 and 30 degrees in the right eye.

The veteran's service-connected disabilities do not prevent her from obtaining and retaining employment consistent with her abilities, aptitudes, and interests; she does not have an employment handicap.

The Board has determined that the veteran's claimed conditions were not incurred in or a result of military service and denied his claims for service connection.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claims for service connection for hearing loss, scarring of the left ear, headaches, and residuals of a head wound. The evidence received is considered duplicative or insufficient to establish a nexus between these conditions and service.

The Board has determined that additional development is needed for the veteran's claims, including VA examinations to address his fibromyalgia and stomach disorder.

The Board denied the claim for service connection for cause of the veteran's death, finding that there was no evidence showing a service-connected disability caused or contributed to his death.

The case is being remanded for additional development of the appellant's medical records and Social Security Administration (SSA) disability benefits claim.