Scars decisions — 2006

The veteran's appeal is remanded due to the need for a DRO hearing and issuance of a statement of the case on the effective date issue.

The veteran's service-connected bipolar disorder is rated at 70 percent, effective April 6, 2001. The right forearm scar remains rated as noncompensable.

The Board denied an increased rating for the veteran's service-connected residual scar of a shrapnel wound to the neck, finding that it did not meet the criteria for a higher than 10 percent rating.

The Board has remanded the case for additional development, including obtaining relevant medical records and Social Security Administration (SSA) decisions.

The veteran's claims for increased ratings on an extraschedular basis, TDIU, and special monthly compensation based on need for aid and attendance are being remanded due to the failure to provide adequate development of evidence.

The Board denied the veteran's claims for increased evaluations of his scar and hearing loss, as well as his attempts to reopen service connection claims for PTSD and amputation. The evidence submitted did not meet the criteria for new and material evidence in any of these cases.

The Board has granted a 30% rating for the veteran's right thigh disability, but denied an increased rating in excess of 10% for his right thigh scar. The issues of service connection for PTSD and hypertension are addressed in the REMAND portion of this decision.

The Board has determined that the veteran's service-connected residuals of contusion and abrasion, depressed scar, right anterior mid-thigh do not warrant a compensable rating.

The veteran's appeal is being remanded for further development, including obtaining SSA medical records and ensuring VCAA examination requirements are met.

The veteran's service-connected disabilities were not continuously rated at 100% disabling for a period of ten years or more immediately preceding his death. Therefore, the criteria for entitlement to DIC benefits under 38 U.S.C.A. § 1318 are not met.

The Board denied the veteran's claim for an initial compensable evaluation for her service-connected C-section and laparoscopy scars, finding that there was no evidence of pain or instability warranting a higher rating.

The Board has granted a 10 percent rating for scars, neuroma excision of the right and left foot.

The Board has denied increased ratings for the veteran's service-connected right knee disability and scars of the right upper arm, finding that the evidence does not support a higher rating under applicable VA regulations.

The VA denied all claims of service connection for the appellant's variously claimed disabilities, finding that he was not exposed to herbicides and did not have any of these conditions as a result.

The Board denied service connection for chronic residuals of frostbite/cold injury and dermatological disease variously diagnosed, including scarring, tinea versicolor, folliculitis (claimed as fungus) and acne. The veteran's military service did not involve any foreign service, to include claimed service in Panama.

The case is being remanded for additional development, including obtaining SSA records and medical examinations to assess the veteran's hearing loss, PTSD, left foot disability, scar, and left hip/leg pain.

The Board finds that the veteran's injuries were not caused by VA treatment, and thus does not meet the criteria for compensation under 38 U.S.C.A. § 1151.

The veteran's claim for a total evaluation based on individual unemployability due to service-connected disabilities is being remanded for further development, including an examination and additional medical records.

The veteran's death was not caused or substantially contributed to by any of his service-connected disabilities, and the Board finds no reasonable doubt in this determination.

The Board denied the veteran's claims for an increased evaluation of his left chest exit wound scar prior to February 27, 2003 and service connection for leukemia due to exposure to herbicide agents (Agent Orange). The evidence did not support a finding that these conditions were incurred or aggravated during service.