Scars decisions — 2006

The veteran withdrew his appeal for the issues of service connection for a scar as the residual of left ear trauma and service connection for left-sided hearing loss.

The veteran's claim for increased ratings for scars, disfigurement, post operative removal of adamantinoma and tracheotomy is being remanded due to the need for additional development.

The Board has determined that the veteran's best vision in the left eye is counting fingers at one foot, and there is no blindness in the right eye. The disability rating for postoperative corneal scarring, left eye, with cataract and optic nerve atrophy remains at 30 percent.

The veteran's appeal is being remanded for further evaluation of his service-connected left eye disability, which currently has a 10 percent rating. The RO will schedule the veteran for a VA eye examination to determine his current visual acuity and any other impairment resulting from the service-connected condition.

The VA determined that the veteran's scar, secondary to his left inguinal hernia repair, does not warrant a rating higher than 10 percent.

The veteran's claims for increased evaluations of his fused distal interphalangeal joint, third finger, left hand; scars, second and fourth fingers, left hand; and bilateral hearing loss have been denied as the evidence does not support a higher evaluation under applicable rating criteria.

The veteran's claims for earlier effective dates on service connection for multiple disabilities, individual unemployability, and Dependents' Educational Assistance have been denied. The Board found that the preponderance of evidence is against a finding that the veteran filed claims prior to 1979.

The veteran's appeal is being remanded for further development and consideration of the issues regarding earlier effective dates for increased ratings for peptic ulcer and laparotomy scar.

The veteran's service-connected disabilities do not preclude all forms of substantially gainful employment consistent with his educational background and occupational experience.

The RO's November 1972 and July 1978 rating decisions did not contain CUE in denying an evaluation higher than 20 percent for burn scars of the left thigh.,The RO's November 1972 and July 1978 rating decisions contained CUE in assigning a noncompensable evaluation for residuals of a shell fragment wound of the right lower leg, resulting in a 10 percent evaluation effective February 9, 1972.

The Board has determined that a new VA examination and additional development are needed to properly adjudicate the veteran's claim for service connection for recurrent pneumonia with a residual left lung scar.

The veteran's claims for increased ratings and compensable ratings were denied as the evidence did not meet the criteria for higher disability ratings.

The Board has determined that the veteran's current kidney disability, diagnosed as mild renal insufficiency and glomerulonephritis, did not arise during active service or within a year of discharge. The medical evidence does not support a connection between the veteran's in-service scarlet fever and his current condition.

The Board denied an earlier effective date for the TDIU rating, finding that it was not factually ascertainable that the veteran became individually unemployable due to his service-connected disabilities prior to September 24, 1997. The RO's decisions in April 1993 and November 1995 were found not to contain clear and unmistakable error.

The veteran's scars and additional cardiac disability are not considered to be the result of VA medical treatment, as they were necessary consequences of the procedures performed.

The Board denied the veteran's claims for service connection for PTSD and scars of the head, arm, left hand, and stomach due to lack of credible evidence supporting the occurrence of in-service stressors or injuries resulting in current disabilities.

The Board has determined that the appellant is not entitled to accrued benefits or DIC under 38 U.S.C.A. § 1318 due to a lack of evidence showing a claim for service connection pending at the time of the veteran's death.

The veteran's claims for higher initial evaluations were denied as his disabilities did not meet the criteria for a higher evaluation under the applicable rating schedule.

The Board found that there is no competent evidence to associate PTSD or other acquired psychiatric disorder with the veteran's military service. The scars of the left flank and palm of the right hand were incurred in active service, but the scars on the dorsum and palm of the left and right hands could not be satisfactorily dissociated from the veteran's military service.

Service connection is not granted for any of the veteran's claimed conditions as there is no competent medical evidence showing a current disability or that any such disability was incurred in service.