Scars decisions — 2005

The veteran's service-connected arthritis is not related to his inservice shrapnel wounds. The residuals of the right chest wound are rated at 20 percent, and the residuals of the right thigh and forearm/abdomen wounds are each rated at 10 percent.

The Board denied an initial rating higher than 10 percent for a right iliac crest scar, finding that the current 10 percent rating adequately reflects the veteran's disability.

The veteran withdrew his appeal regarding the issues of entitlement to a higher initial rating for a scar from removal of a nevus on the back and entitlement to service connection for headaches.

The veteran's migraine headaches were rated as noncompensable prior to July 2003 and 10 percent since then.,There is no current diagnosis of residual scarring on the left hand. The veteran reported a cut during service, but there was no follow-up treatment or evidence of scar formation.

The veteran's post-operative right knee residuals are currently evaluated as 20 percent disabling, but the VA examination is inadequate for rating purposes.

The Board denied service connection for residuals of a left hand injury and assigned initial compensable evaluations for microscopic scar of the left eye and residuals of a fracture of the 5th metatarsal. The veteran's left hand injury is not considered to be related to his active duty, and there is no current disability associated with this condition. The microscopic scar in the macula of the left eye does not cause any functional impairment or symptoms. The veteran's fractures are stable and do not result in any compensable evaluations.

The appeal has been withdrawn by the appellant before a decision was made.

The Board denied a higher initial evaluation for the veteran's service-connected left foot scar, finding that it was not tender or painful to any significant degree and did not affect motion of any parts.

The Board denied the veteran's claim for an effective date earlier than July 31, 2002, for a 50 percent evaluation for hidradenitis suppurativa with active lesions and multiple scars. The appeal was remanded to consider whether it is factually ascertainable that the veteran met the criteria for a 50 percent rating during the year preceding his July 2002 claim. The Board found that it is not factually ascertainable, thus denying the earlier effective date.

The May 19, 1970 rating decision did not award a separate rating for peripheral nerve damage resulting from the veteran's shell fragment wound to the left hand.,The May 19, 1970 rating decision also did not assign multiple ratings for scars resulting from the same injury.

The Board found that the veteran's service-connected PTSD did not contribute substantially or materially to his death from hypertensive arteriosclerotic cardiovascular disease.

The veteran's claims for bilateral hearing loss, paronychia of the left fourth finger, paronychia of the right thumb, cellulitis of the left leg, and a scar on the right ear were all denied. The Board found that there was no evidence to support service connection for any of these conditions.

The veteran's right shoulder disability is not related to his active service, but he has arthritis of the right hand that may be secondary to a service-connected fracture. His neck and back conditions are not shown during or after service, and hypertension is likely due to PTSD.,An additional VA examination is needed to determine if the veteran's current right shoulder disability is related to an injury sustained in service.

The Board has denied the veteran's claims for increased ratings for instability of the right knee, arthritis of the right knee, and donor site scars, right abdominal wound. The evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board has determined that the veteran's residuals of MFWs of the right forearm, with symptomatic scars and retained foreign bodies and sensory deficits to Muscle Group VIII are not more than a 30 percent disabling. A separate rating for his service-connected scarring is granted. The effective date for a compensable evaluation for tinnitus remains October 18, 1998.

The veteran's appeal has been withdrawn, and the case is dismissed.

The Board has reopened the appellant's claim for service connection for the cause of the veteran's death, but it is determined that the causes of the veteran's death did not result from a disease or injury incurred in active service.

The veteran's third degree burn scars of the left knee, leg and ankle are currently rated at 40 percent disabling. The maximum rating available under applicable criteria is granted.

The Board denied the veteran's claims for service connection for bilateral hearing loss and refractive error, as well as his claim for an increased evaluation for his service-connected scarring. The evidence did not show a current disability for any of these conditions.

The veteran's claims for increased evaluation and service connection are being remanded due to the need for additional examinations and development of his medical records.