Scars decisions — 2005

The veteran's service-connected anxiety with depression is rated at 50 percent, and the Board has granted a TDIU based on his severe disability from this condition.

The veteran is seeking a lower effective date for the 30 percent rating assigned for facial scars, claiming that there was clear and unmistakable error (CUE) in an October 1963 rating decision. The case is being remanded to address this claim.

The veteran is seeking an increased rating for his service-connected right inguinal hernia with scar, currently rated at 10 percent. The case has been remanded to obtain additional development and a VA examination.

The veteran's appeal is being remanded for additional development at the Indianapolis, Indiana VA RO.

The Board has determined that the veteran's claims for increased evaluations for various conditions, including his lumbar spine and shoulder disabilities, have not been met under the applicable rating criteria.

The Board has granted a 20 percent evaluation for residuals of a left distal fibula fracture, and the issues regarding headaches, hemorrhoids, scar on the abdomen, right ulna fracture, and reflex sympathetic dystrophy syndrome have been resolved in favor of the Veteran.

The veteran's claims for higher ratings for his right shoulder condition, right carpal tunnel syndrome and C8-T1 radiculopathy, scar from inguinal hernia repair, and status post right inguinal hernia repair have been granted.

The Board denied the veteran's claims for a compensable evaluation for his groin injury with left inguinal hernia repair and an increased rating from 10 percent for his scar, residual of left inguinal herniorrhaphy. The veteran's groin injury was not found to be recurrent, and the scar was rated based on its pain.

The veteran's claims for a higher disability rating for PTSD and TDIU are being remanded to obtain additional VA treatment records.

The veteran disagrees with the severance of service connection for PTSD and tinnitus, as well as the assigned rating. The case is being remanded to schedule a hearing before a Veterans Law Judge at the RO.

The Board granted service connection for the disabilities and assigned specific ratings. The TMJ dysfunction received a 30 percent rating effective from January 6, 2004. The facial scars were rated as 30 percent disabling since the grant of service connection.

The Board has granted service connection for migraine headaches secondary to service-connected bilateral hearing loss. The issues of entitlement to a compensable evaluation for hemorrhoids and a postoperative scar on the right breast are not yet ready for appellate review.

The Board denied the veteran's claims for service connection for tinnitus and an initial rating in excess of 10 percent for his facial scar with injury to facial nerve (7th) branches to superior orbicularis oris muscle. The veteran is not entitled to service connection for tinnitus due to lack of evidence linking it to service, while the facial scar remains rated at 10 percent.

The Board denied the veteran's claims for increased ratings for his service-connected right hand conditions and scar, finding that the evidence did not support a finding of pain or limitation of motion in either condition. The veteran's claim was therefore denied.

The veteran's claim for a compensable evaluation for his laceration scar of the right leg was denied. His claims for service connection for bilateral shoulder disabilities and PTSD were also denied, with no effective date earlier than December 1, 2000 granted.

The veteran's claim for a higher initial rating for PTSD and the issue of TDIU are remanded due to their interrelated nature. The RO is instructed to consider both issues together.

The veteran's service-connected coccyx disability and associated scars are rated at the maximum allowable under VA regulations, with no further increase in ratings granted.

The Board has determined that further development is needed before the claim can be adjudicated, including obtaining additional medical records and arranging for a VA examination to assess the severity of the veteran's service-connected left hand disabilities.

The Board of Veterans' Appeals has determined that the veteran's service-connected right thigh scar is manifested by a well-healed, tender two inch by four millimeter adherent scar. The Board found no evidence of limitation of function and denied the claim for an increased rating.

The veteran's appeal has been withdrawn prior to the Board making a decision.