Scars decisions — 2006

The Board has determined that the veteran does not have current residuals of STD or chronic sinusitis related to service. The examiner found no evidence of a pre-existing nasal septal surgery and concluded that any post-nasal drip is unrelated to service.

The VA has determined that the appellant's residuals of gunshot wounds to the left elbow and left side and back, including scars and fracture of the left 11th rib, do not meet the criteria for a higher rating under current disability evaluation criteria.

The veteran's service-connected disabilities were evaluated, and the RO denied increased ratings for cervical spondylosis, right carpal tunnel syndrome (major), left carpal tunnel syndrome, right knee disability, right bunion formation and slight deformity of the first metatarsophalangeal joint, left bunion formation and slight deformity of the first metatarsophalangeal joint, cholelithiasis and cholecystectomy with benign pancreatic cyst, surgical scars from the cholelithiasis and cholecystectomy with benign pancreatic cyst, and pilonidal cyst. The RO found that these conditions were not service-connected.

The Board has remanded the veteran's claims due to the need for further development of evidence. The specific issues include a request for higher initial rating for facial scar, reopening of service connection claims for left shoulder and low back conditions, as well as other knee and leg conditions.

The veteran's claim for an increased rating for healed corneal scars of the right eye, with cataract, and a separate rating for bilateral tinnitus was denied. The veteran is not entitled to a compensable rating for his right eye disability or a separate rating for each ear for tinnitus.

The Board found that the veteran's claimed disabilities were not caused by VA negligence and denied his claims for compensation under 38 U.S.C.A. § 1151.

The Board has determined that the veteran's low back disorder and left thigh scars do not meet the criteria for service connection or higher ratings, respectively.

The Board found that the veteran's death was not due to a service-connected disability, and thus denied burial benefits.

The veteran's appeal is being remanded for further processing due to the need to obtain additional medical records from Social Security Administration.

The Board has determined that the veteran's service-connected left ear disability, including hearing loss and a residual scar behind his left ear, warrants a 10 percent rating. The veteran is already receiving the maximum schedular rating available for chronic suppuration due to his service-connected left ear disability under Diagnostic Code 6200.

The Board has remanded the case for further development, including obtaining medical records and scheduling an examination. The veteran's claim for a compensable rating for his right toe disability and service connection for his right toe scars are both pending.

The veteran's appeal is being remanded for further development, including a VA examination and the provision of all relevant medical records.

The veteran's service connection claim for non-scar residuals of a right thigh infection and his increased rating claim for the scar of the right thigh were both denied by the Board.

The Board has remanded the case for further action, including obtaining recent medical records and a VA examination to determine the current severity of the service-connected left hip disorder and scar of the left buttocks.

The veteran's claims for earlier effective dates for awards of service connection for ankylosis of the left ring finger and a scar above the left anterior abdominal wall were denied as there was no evidence of continuity of symptoms within one year after separation from active service, leading to denial in 1955. The RO granted service connection on December 9, 2002, but the veteran sought an earlier effective date which was also denied.

The Board has determined that the veteran's service-connected disabilities do not warrant a compensable disability rating in any of the issues on appeal.

The Board finds that the veteran's current abdominal hernias and scars are not compensable disability resulting from VA medical treatment in July 2001, as there is no evidence of negligence or fault on the part of VA. The preponderance of the evidence does not support the claim.

The veteran's appeal has been withdrawn by the appellant.

The veteran died from a self-inflicted gunshot wound. His service-connected conditions did not cause his death, and there is no evidence that PTSD caused the suicide.

The veteran's initial disability rating for thorocotomy and mediastinoscopy scars is denied, but he is granted a compensable rating of 10 percent for his left hilar mass (etiology unknown) with positive group G streptococcus sputum culture.