Scars decisions — 2005

The Board denied the veteran's claim for an earlier effective date of December 21, 2001 for a compensable rating for his left thigh shell fragment wound scar.

The veteran's appeal is being remanded for further development, including a new VA examination and consideration of staged ratings.

The Board has determined that the veteran's service-connected residuals of a shell fragment wound involving the right lower knee and right lower extremity neuralgia warrant a 10 percent evaluation each, as there is no evidence to support higher ratings.

The VA has determined that a separate compensable rating for the veteran's right knee scar is not warranted based on the current evidence of record.

The Board denied the veteran's claims for increased ratings for his PTSD, scars from a shell fragment wound of the left lower leg, left ankle strain, and residuals of a shell fragment wound involving Muscle Group XI.

The VA has determined that the veteran's tender scar of the left axillary region does not warrant a rating in excess of 10 percent, as it is well-healed and stable but causes some discomfort with certain movements.

The Board denied the veteran's claims for service connection for various disabilities, including right elbow, left elbow, right knee, hip, eye injuries, and hearing loss. The ratings for his right clavicle fracture residuals and right index finger injury were also not granted.

The Board has determined that the veteran's PTSD is service-connected due to a stressor related to an in-service boat accident, and he was granted service connection for this condition. The rating assigned remains at zero percent (no compensable disability).

The veteran's service-connected burn scars on the posterior neck, right lower forearm, and right lower leg are currently rated at 10 percent. The Board has determined that these scars do not meet the criteria for a higher evaluation.

The veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation, and his combined rating does not meet the percentage requirements for a total disability rating based on individual unemployability. The Board finds that he is not entitled to such a rating.

The Board denied all claims for increased ratings or service connection. The veteran's malaria claim was previously denied in 2003 but remanded by the Court. The remaining claims were evaluated based on the evidence provided and found to not meet the criteria for the requested increased ratings or service connection.

The veteran's claims for a compensable rating for cervical strain and an initial or staged rating in excess of 10 percent for scars on chest, status post-wart removal were denied. The RO granted service connection but did not assign any compensation ratings.

The veteran's IBS has been rated at 30 percent, effective from the date of claim. Her breast reduction surgical scars have been rated as 10 percent disabling prior to August 30, 2002 and are now rated in excess of 10 percent since that date.

The veteran's appeal is being remanded for further development of his claims, including a new VA examination to rate the severity of his service-connected back disability under the new rating criteria and a dermatological examination to evaluate his scar.

The Board denied the veteran's claims for service connection for a scar of the right lower extremity and PTSD, finding that new and material evidence had not been submitted to reopen the claim for the scar condition. The PTSD claim was also denied as there was no medical nexus linking the current disability to service.

The veteran's claim for an increased rating for his cervical spine disability is being remanded due to inadequate VCAA compliance, lack of adequate range-of-motion testing in the VA examinations, and need for additional medical records.

The Board has granted service connection for PTSD, scars and pain from shrapnel injury to bilateral legs, and bilateral hearing loss. The effective dates for these grants are April 23, 2001, February 10, 2003, and February 10, 2003 respectively.

The Board denied the veteran's claims for service connection for a psychiatric disorder, increased ratings for post-traumatic arthritis of the left hip and shortening of the left lower extremity, and entitlement to a compensable rating for a keloid scar on his right arm. The total disability rating based on individual unemployability due to service-connected disabilities was also denied.

The Board denied the veteran's claims for service connection for diabetes mellitus and for ratings in excess of 30 percent for coronary artery disease prior to May 28, 2004, and for a rating in excess of 60 percent for coronary artery disease effective from May 28, 2004. The veteran's claim for service connection was reopened on new evidence, but the Board found no nexus between his current conditions and service.

The veteran's claim for a compensable evaluation for second degree burn scarring of the right hand was denied due to his failure to report for scheduled VA examination. The claim for compensation under 38 U.S.C.A. § 1151 for traumatic arthritis of the first metacarpophalangeal joint of the right thumb was granted as it did not result from carelessness, negligence, or lack of proper skill on the part of VA.