Scars decisions — 2005

The veteran's appeal is remanded for additional development, including a VA examination to assess the severity of his service-connected major depressive disorder and for obtaining any relevant treatment records.

The veteran is granted a rating of 10 percent for his right index finger scar, effective February 23, 2001. The claimant contends that the effective date should be earlier due to injury in service and consistent application for increased compensation.

The VA has determined that the veteran's acne scarring and acne vulgaris do not warrant a rating in excess of 30 percent, as there is no evidence of extensive exfoliation, crusting, systemic or nervous manifestations. The condition does not meet the criteria for a higher rating under either the old or new skin disability rating criteria.

The Board has denied the veteran's claims for service connection for burn scars to the buttocks, PTSD, and a low back disorder due to lack of competent evidence of current disabilities.,There is no current diagnosis of burn scars to the buttocks or PTSD.

The Board has granted a 10 percent disability rating for the veteran's service-connected laparotomy, appendectomy, and ovarian cyst biopsy scar. The claim for an increased rating for TMJ remains at 10 percent.

The Board has denied the reopening of the veteran's claims for service connection for scars to the face and left shoulder, finding that new and material evidence was not received.

The Board has dismissed the appeal for entitlement to increased evaluation for scar of the nose. The veteran's claims for increased ratings for residuals of shell fragment wounds of the right thigh and scars of the pubic area, right anterior abdomen, and post-operative residuals of warts were denied as there is no evidence showing that these conditions warrant a compensable rating under the applicable criteria.

The veteran's death was not caused by any service-connected condition. The Board denied the claim for service connection for the cause of death, granted accrued benefits based on an earlier effective date for PTSD, and denied DIC under 38 U.S.C.A. § 1318 and burial benefits.

The VA has denied the veteran's claim for an increased evaluation of his scar, post-surgical residual of gunshot wound, left forearm, as it does not meet the criteria for a higher rating under any applicable diagnostic codes.

The VA denied the veteran's claims for an initial compensable rating for scars above his left eye and a higher disability rating for his right fourth metacarpal fracture. The VA found that the scars did not meet criteria for a compensable rating, and the fracture did not warrant a rating in excess of 10 percent.

The veteran's hypertension and enlarged cervical lymph nodes were not incurred or aggravated by service, nor are they related to herbicide exposure. The effective date for the increased rating of 50 percent for residuals of a gunshot wound is set at September 28, 1998.

The Board has denied the veteran's claims for an initial evaluation in excess of 10 percent for a service-connected right wrist disability and an initial compensable rating for a service-connected right wrist scar.

The Board has determined that the veteran is entitled to a rating of 60 percent for his service-connected left knee disorder, status post left knee replacement, from September 1, 1998 to March 6, 1999.

The Board found that there is no evidence of a left eye disability during service, and the current retina macular scarring is not related to any in-service event or condition.

The Board denied the veteran's claims for reopening a claim of entitlement to service connection for a low back injury, an increased rating for a laceration scar of the right index finger, and an increased rating from an original grant of service connection for post traumatic stress disorder (PTSD). The evidence did not support reopening any of these claims.

The veteran's service connection claims for right ear hearing loss, left ear hearing loss, a right hip disorder, and a skin condition (including scars) on the basis of herbicide exposure were granted. The veteran also received higher initial ratings for PTSD and dermatophytosis and tinea pedis.

The veteran's appeal is being remanded due to her failure to report for a scheduled VA examination and Travel Board hearing. The RO needs to clarify the veteran's current address and schedule a new hearing.

The Board found that the effective dates for the grants of service connection and rating for right foot idiopathic neuropathy, right leg scar, and left ring finger tendon rupture residuals are fixed at June 13, 2001. The claims for earlier effective dates were denied as there was no pending claim prior to June 13, 2001 that could have resulted in the grants of service connection or rating.

The Board denied the veteran's claim to reopen her service connection for residuals of breast surgery, finding that no new and material evidence had been received.