Scars decisions — 2005

The Board has remanded the case for further development due to the need for examinations and additional records.

The Board has determined that the veteran's scarring of the right wrist is a result of an in-service automobile accident and grants service connection for this condition.

The veteran's claim for increased evaluations for his service-connected scar and heel disabilities was denied. The RO granted service connection for limitation of motion of the left ankle, effective April 1, 2005, and assigned a 10 percent evaluation.

The veteran's appeal is being remanded due to a scheduling issue for a Travel Board hearing. The case will be returned to the RO for further action.

The Board found no clear and unmistakable error in the rating decisions for the veteran's service-connected residuals of a shell fragment wound to the left shoulder. The veteran's PTSD is rated at 30 percent, which is within the range allowed by law.

The veteran's bilateral ear drum scarring with deformed drums is related to his military service. The issue of entitlement to an increased evaluation for a bilateral hearing loss remains pending as the RO has not issued a statement of the case.

The VA has determined that the veteran's chronic suppurative mastoiditis warrants a 10 percent disability rating, which is the highest possible under the applicable diagnostic code. The appeal is denied.

The Board has granted service connection for depression and scar tissue as secondary to the veteran's service-connected total abdominal hysterectomy with bilateral oophorectomy.

The Board found that the cause of the veteran's death was not caused by, or substantially or materially contributed to by, a disability incurred in or aggravated by his active duty service. The preponderance of evidence did not support a finding that any of the listed conditions were related to the veteran's service.

The Board found that the veteran's claimed conditions of scars, a left arm disorder, and bilateral hearing loss were not incurred in or aggravated by service. The evidence did not establish a nexus between these conditions and his military service.

The Board has remanded the case for further development, including obtaining a VA medical opinion and ensuring compliance with VCAA requirements.

The Board denied service connection for a low back disability, traumatic macular scar with amblyopia of the left eye, and uveitis of the right eye. The veteran's low back disability is not related to service, his left eye disorder existed prior to entry into service, and there is no clear and unmistakable evidence that it was aggravated during service.

The Board found that the veteran's scar, residuals of right herniorrhaphy does not warrant an evaluation in excess of 10 percent.

The Board has granted the veteran's claim for special monthly compensation based on the need for aid and attendance due to his service-connected disabilities, which include amputations of both legs and other conditions. The veteran requires constant care and supervision in all activities of daily living and is wheelchair-dependent.

The Board found that the service-connected disabilities did not cause or contribute to the veteran's death, and thus denied the claim for service connection for the cause of the veteran's death.

The veteran's service-connected scar residuals of the right thigh, left forearm, and right thumb do not meet the criteria for a rating in excess of 10 percent.

The Board denied the veteran's claims for higher ratings for his service-connected osteoporosis of the humerus and postoperative residuals of a dislocation of the left shoulder, limitation of motion of the left shoulder, and surgical scar on the left shoulder. The current ratings are found to be appropriate based on the clinical findings.

The veteran's cause of death was not service-connected, and his service-connected disabilities did not contribute substantially or materially to his death. Therefore, DIC benefits under 38 U.S.C.A. § 1318 were denied.

The VA has denied service connection for the veteran's claimed bilateral knee disabilities and sleep disorder, finding that there is no evidence of a current disability related to service.

The veteran's claims for increased ratings and a combined rating evaluation have been denied as the evidence does not support an increase in disability ratings beyond those currently assigned.