Scars decisions — 2006

The veteran's service-connected disabilities are not shown to be of such nature and severity as to preclude the performance of all types of substantially gainful employment, thus denying a total evaluation based on individual unemployability.

The Board found that the veteran's need for regular aid and attendance is not supported by evidence, as his service-connected anxiety disorder does not require such assistance.

The Board has determined that there is no current evidence of the claimed disabilities, and thus service connection cannot be granted.

The veteran's service-connected disabilities do not preclude employment consistent with his education and occupational experience.

The Board found that a separate compensable schedular rating is not warranted for the veteran's post operative right thigh scar. The case is being remanded to consider an extraschedular rating due to disfigurement.

The Board finds that the preponderance of the evidence is against service connection for scars on the back and face, bilateral hip disability (to include as secondary to service-connected right knee disability), rheumatoid arthritis of the chest, and loss of teeth. The veteran's claims are denied.

The Board has denied the veteran's claims for increased disability ratings for postoperative residuals of a right bunionectomy and residual bunionectomy scar, finding that the evidence does not support higher evaluations under applicable rating criteria.

The veteran is entitled to an earlier effective date of January 9, 1973 for a 10 percent disability rating for the service-connected scar of the right thigh based on clear and unmistakable error in the January 24, 1973 rating decision.

The Board has denied the veteran's claim for an increased evaluation for his postoperative left eye disability, finding that there is no evidence of a current disabling condition related to service.

The Board denied the veteran's claims for an initial rating in excess of 10 percent for corneal stroma scarring and a compensable rating for herpes simplex stomatitis, finding that neither condition warranted such ratings based on the evidence provided.

The Board has granted a 10 percent rating for the veteran's residual scar from an excision of a lump below his left clavicle, effective August 30, 2002.

The veteran's lip scar is service-connected and his facial scars are rated at 30 percent. The Board finds that the criteria for a higher rating under either the old or new Diagnostic Code 7800 have not been met.

The veteran's service-connected conditions, including dysthymic disorder with generalized anxiety disorder and traumatic arthritis of the lumbosacral spine, did not render him unemployable prior to March 24, 2005. His psychiatric condition was considered moderate in nature, and his low back disability caused only slight limitation of motion.

The Board found that the veteran's multiple scars are not etiologically related to his service-connected right knee disability and denied his claim for service connection.

The Board denied a rating in excess of 10 percent for the veteran's postoperative left sural nerve graft scar, finding no evidence warranting such a higher rating under any applicable criteria.

The veteran's appeal for increased ratings for her residuals of a right bunionectomy with reduction of motion of the right great toe and her right bunionectomy scar was denied. The Board found that the evidence did not support a higher rating under any applicable diagnostic codes.

The veteran's residual scarring from a gunshot wound of the right forearm is not painful, unstable, poorly nourished, or has repeated ulceration. Therefore, he does not meet the criteria for a separate compensable evaluation under VA rating criteria.

The Board granted an initial rating of 40 percent for lumbosacral strain and found that the keloid scars of the chest were presumed to have been aggravated by active service.

The June 20, 1969 rating decision did not involve CUE in assigning separate 10% ratings for multiple scars on both thighs and legs.

The veteran's claims of CUE in the February 1984 and September 1999 rating decisions have been denied. The February 1984 decision granted service connection for residuals of craniotomy with a 10 percent evaluation, while the September 1999 decision separated his single service-connected status-post craniotomy disability into four separate entities (loss of skull, headaches, tinnitus, and forehead scar) and assigned an effective date of August 31, 1993.