Scars decisions — 2005

The veteran's service-connected knee disabilities are rated as noncompensable under the revised criteria for Diagnostic Code 7805. The Board finds no limitation of motion due to scars in either knee, and thus a compensable rating is not warranted.

The veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation which is sedentary in nature. Therefore, the claim for TDIU is denied.

The veteran's appeal was denied for increased rating and service connection. The RO confirmed the current 40% rating for his right knee disorder, but denied service connection for cervical strain and multiple other conditions.

The Board has granted an increased disability rating of 80 percent for the veteran's service-connected residuals of fracture, head of the left femur, with avascular necrosis, post-traumatic arthritis, and post-operative healed residual scars.

The Board denied the veteran's claims for an increased rating and TDIU based on his service-connected scars of the left hemithorax and buttocks, finding that these conditions did not warrant a higher rating or meet the criteria for TDIU.

The Board has remanded the case to obtain additional medical records and determine if the veteran was exposed to herbicides during service. The claims for service connection will be adjudicated based on the evidence of record.

The Board denied the veteran's claim for an initial disability rating greater than 10 percent for scars of the frontal region of the head, face, and nose and scar over the right lower quadrant.

The Board has denied all service connection claims for various conditions, finding that the evidence does not support a causal link between any of these conditions and active military service.

The veteran's appeal is remanded due to the need for further examination and consideration of service connection for photophobia, which was not addressed by the RO.

The Board has granted initial noncompensable evaluations for the service-connected superficial peroneal nerve neuropathy of the left lower extremity and a scar, anterior upper third aspect of the left lower extremity. The claim for a compensable evaluation based on multiple, noncompensable service-connected disabilities under 38 C.F.R. § 3.324 is dismissed as moot.

The veteran's claims for service connection for various conditions, including arthritis, leg disability, low back disability, anemia, menstrual disorder, lip scars, and PTSD, were denied as there is no evidence of a direct relationship between these conditions and her military service.

The Board has granted a 50 percent rating for the veteran's service-connected bilateral claw toes with scarring, effective from the date of the May 2002 rating decision.

The veteran's appeal is remanded due to the need for a new VA examination of his service-connected right ring and little finger scars with ulnar nerve injury, as the last examination was conducted over three years ago. The case will be returned to the Board after the examination.

The Board found that the veteran's bilateral hearing loss did not warrant a compensable rating, and his shrapnel wound scars were also denied as they do not meet the criteria for a compensable rating.

The Board denied the appellant's claims for an effective date prior to June 1, 1999, and service connection for accrued benefits. The March 18, 1982 rating decision denying DIC benefits was not found to be clearly and unmistakably erroneous.

The Board has denied the veteran's claims for service connection for cervical, thoracic, lumbar spine disabilities and basal cell carcinoma removal facial scars. The evidence does not support a finding of direct service connection.

The Board found that the veteran's scars on both legs were not incurred in or aggravated by his active duty service and denied his claim.

The Board denied the veteran's claims for increased ratings for residual shrapnel wound scars of the left knee and right neck, finding no evidence of underlying muscle damage or limitation of function.

The veteran withdrew his appeals for the issues related to bilateral hearing loss, left eye condition, and right eye macular scarring.

The Board has remanded the case for further development, including obtaining VA examinations and addressing the veteran's scars of the left foot and left breast.