Scars decisions — 2006

The veteran's appeal involves multiple issues related to his service-connected conditions, including a rating for lumbosacral strain and hearing loss. The RO must review the additional evidence received since June 2003, consider the revised criteria for rating spine disorders and skin disorders, arrange for VA examinations to assess the current severity of these conditions, and readjudicate the claims.

The Board has granted an initial compensable evaluation of 10 percent for the laminectomy scar and denied a higher rating for abdominal scarring.

The Board has determined that the veteran's service-connected residuals of a shell fragment wound of the left posterior chest, left abdomen, and face/neck area warrant increased ratings. The veteran's chest scar is rated at 20 percent disabling under Diagnostic Code 6843, while his abdominal scar is rated at 10 percent disabling under Diagnostic Code 7805. His face and neck scars are rated at 30 percent disabling under Diagnostic Code 7800.

The veteran's service-connected disabilities do not render him unemployable, as he is primarily unable to work due to a low back disability from an intercurrent injury and severe heart disease.

The Board denied the veteran's claim for service connection, finding that his bilateral eye disorder pre-existed service and was not aggravated by service.

The Board has determined that the submitted evidence is not new and material, thus denying the veteran's claims for service connection for residuals of a brain injury, facial scars, septal deviation, tired feeling (fatigue), and dental disorder.

The Board has remanded the case for further development, including a VA skin examination and consideration of both old and new rating criteria.

The veteran's appeal is being remanded for additional development of his medical records and a determination on whether he is permanently disabled to the extent that he qualifies for Dependents' Educational Assistance under Chapter 35 of title 38 of the United States Code.

The Board denied the veteran's claims for a compensable rating for his scar, left lower quadrant and an increased rating for his bronchial asthma.

The Board denied the veteran's claims for increased disability ratings, finding that the evidence did not support a higher rating for his disfiguring scars of the lips and nose, other scars on the right cheek and eyebrows, deformity of the nose with obstruction of the right naris, sensory and motor loss of the superior lip area, or depression.

The Board has granted an initial rating of 40 percent for the veteran's duodenal ulcer, with postoperative residuals of a gastrectomy, removal of a benign gastric polyp, chronic gastritis, and a healed scar from November 10, 1999. The previous rating of 20 percent was maintained prior to that date.

The veteran's claims for higher initial ratings for his service-connected right lung cancer and residual scar from lobectomy are being remanded due to the need for additional development, including a VA examination.

The veteran's claims for increased ratings and compensation under the provisions of 38 U.S.C.A. � 1151 are being remanded due to incomplete VCAA notice, need for a VA examination, and retrieval of relevant medical records.

The Board denied the veteran's claims for increased evaluations for his service-connected hearing loss, scar from gastrectomy, subtotal gastrectomy with chronic cholecystitis and calculi removal by cholecystotomy complicated by subhepatic abscess and chronic peritoneal adhesions of the liver, gallbladder and duodenum, with gastroesophageal reflux (GERD), and diplopia.

The Board has determined that the veteran's scar does not warrant a rating higher than 10 percent, effective July 28, 2005.

The veteran's claims for increased ratings were denied as there was no objective neurological findings to support a higher rating for bilateral cubital tunnel release, and the VA examination scheduled in 2005 was not conducted due to the veteran's failure to report. The other skin conditions did not meet the criteria for compensable ratings under the current rating criteria.

The Board found that the veteran's right knee disorder did not have its onset in service or is otherwise etiologically related to his active service. The left foot scar was also deemed asymptomatic and without functional impairment, thus denying both claims for service connection and increased rating.

The Board has determined that the veteran's left upper arm muscle injury residuals and left upper arm scar do not warrant a disability rating greater than 10 percent.

The Board has denied the veteran's claim for an earlier effective date for TDIU and his increased rating for headaches. The case is being remanded to issue a Supplemental Statement of the Case on the increased rating for headaches.

The veteran is granted an effective date of July 31, 1998 for the initial 10 percent rating assigned for his gunshot wound entry scar.