Scars decisions — 2006

The Board has granted a separate 30 percent evaluation for the veteran's right (major) humeral compound fracture residuals with biceps muscle involvement and scar residuals under the provisions of 38 C.F.R. § 4.71a, Diagnostic Code 5202.

The veteran's service-connected shell fragment wounds to the abdomen are currently rated at 10 percent for scars and 50 percent for liver and pancreas damage with abdominal adhesions. The Board has granted a separate rating of 30 percent for muscle group injuries, effective from the date of receipt of the original claim.

The VA determined that the veteran's pilonidal cyst scar does not warrant an evaluation in excess of 10 percent, as it is adherent, tender, and painful but does not limit function of any body part.

The Board denied the veteran's claims for increased evaluation of a scar and service connection for arthritis, finding that there was no evidence to support the secondary service connection theory.

The Board has determined that a remand is necessary to address the veteran's claims for service-connected scars of the right and left scapulae, as well as any potential muscle injury related to his gunshot wounds. The RO should consider whether separate ratings are warranted for any muscle injuries found.

The Board denied the veteran's claims for a rating in excess of 10 percent for scars of the left arm and service connection for a left arm/shoulder disability, finding that there was no evidence to support either claim.

The veteran's service-connected nonspecific synovitis of the left third metacarpal joint is granted a 10 percent evaluation, and his service-connected surgical scar at the web of the left hand is also granted a 10 percent evaluation. The claim for SMC based on loss of use of a finger of the left hand is denied, as the veteran's ability to grasp objects with his left hand is essentially normal.

The Board denied service connection for bilateral hearing loss and facial scar as there was no evidence of a nexus between the current conditions and service, including noise exposure. The veteran's statements regarding continuity of symptoms were not sufficient to establish a link.

The Board has determined that the veteran's service-connected disabilities, including mechanical low back strain with fibromyalgia and degenerative changes, post-operative right inguinal hernia, instability and residuals of meniscectomy of the left knee, and a post-operative scar of a right inguinal hernia, meet the criteria for special monthly compensation based on need for regular aid and attendance.

The veteran's appeal is being remanded to the RO for additional development, including issuance of a statement of the case and notification of the need to file a substantive appeal.

The Board has granted an initial 10 percent rating for the service-connected ventral herniorrhaphy scar of the right lower abdomen, finding that it is productive of pain and instability.

The veteran's claim for increased ratings and service connection has been granted. The highest rating of 30% is assigned for the psychiatric disorder, and ratings up to 20% are assigned for various muscle injuries in the neck, shoulder, and scalp.

The Board found that the cause of the veteran's death, a sacral ulcer with osteomyelitis due to chronic obstructive pulmonary disease, was not caused by or contributed to by any service-connected disability.

The Board denied the appellant's claims for service connection for the cause of her husband's death and eligibility for Dependant's Education Assistance (DEA) under 38 U.S.C. Chapter 35.

The Board denied the veteran's claims for service connection for a low back disorder, an increased rating for his surgical scar status post nephropyelolithotomy, and a compensable disability rating for history of nephrolithiasis. The claim for service connection was not granted as new and material evidence had not been received to reopen it.

The Board has determined that the veteran's service-connected scar on the top of his occipital region warrants a 10 percent rating effective August 30, 2002.

The Board granted a 20 percent evaluation for residuals, status post left fifth toe phalangectomy effective November 22, 2003. The veteran's claim for service connection for a scar, status post left fifth toe phalangectomy was also granted and the effective date is set at November 22, 2003.

The Board has determined that the veteran's service-connected scar, status post appendectomy does not warrant a compensable rating due to lack of current symptomatology. The issue of an increased rating for bilateral hearing loss disability is denied.

The Board has granted an increased evaluation for the post-operative scar, residuals of a removed right testicle and awarded special monthly compensation based on loss of use of a creative organ. The veteran's pre-service loss of the right testicle is not considered in determining his entitlement to these benefits.

The Board found that the veteran's death was not caused by or substantially or materially contributed to by a disability incurred in or aggravated by her active duty service, including any service-connected disabilities.