Scars decisions — 2006

The veteran's initial increased disability rating of 20 percent for residuals of excision of a ganglion cyst of the left thumb, metacarpophalangeal joint, with scar, effective August 26, 2002, was granted. The previous ratings were not changed.

The veteran's service-connected disabilities do not preclude him from obtaining or maintaining any form of substantially gainful employment consistent with his occupational experience and educational background. As a result, the claim for TDIU is denied.

The Board denied the veteran's claim for payment or reimbursement of medical expenses incurred at a private hospital after September 20, 2004, due to lack of prior authorization and because VA facilities were not feasibly available.

The veteran's claims for increased ratings for pyelonephritis with mild hypertension and hypertensive cardiovascular disease, and tender scar, right lower quadrant, residual of surgical exploration of pelvic mass associated with stricture of ureter, hydronephrosis and hydroureter, were denied as the evidence did not meet the criteria for a higher rating.

The Board granted service connection for dental trauma to teeth numbers 8 and 9, denied secondary service connection for a left hand condition, and denied compensable ratings for residuals of right ankle injury and scar of the left index finger.

The Board found no residuals of a concussion and denied service connection for a right leg disability separate from the already service-connected conditions. The veteran's right leg symptoms are attributed to his lumbar spine arthritis, which is not related to service.

The Board has determined that there is no evidence of service connection for post-traumatic brain tumors, a cerebral aneurysm, or laceration scars on the head. The veteran's claims are denied.

The Board denied the veteran's request for an earlier effective date of November 24, 2003, for service connection due to CUE in a September 1971 rating decision. The claim was related to residuals of a pilonidal cyst with a tender scar.

The Board has determined that there is no evidence of a current disability, and the veteran's claim for service connection for scar residuals on the back of the skull cannot be substantiated as it does not meet the criteria for direct service connection.

The Board denied the veteran's claims for service connection for a left knee disability and an increased rating for his service-connected left calf scar with myositis and injury to Muscle Group XI due to lack of cooperation in scheduling examinations.

The veteran's shrapnel wound scars of the left neck, left arm, and left chest are manifested by a scar on the left neck that measures at least 1 centimeter (cm) by 1.8 cm and other small, superficial nontender scars. The Board finds the criteria for a 10 percent evaluation have been met from August 30, 2002.

The veteran's increased rating claims for residuals of a right knee injury, tinnitus, bilateral hearing loss, and appendectomy scar were denied. The RO found that the veteran did not meet the criteria for higher ratings under applicable VA rating criteria.

The veteran's fasciotomy scar and right gastrocnemius muscle injury are currently rated at 10 percent each, but the Board finds that neither condition warrants a higher rating.

The veteran's left index finger scar is rated as non-compensable due to the absence of objective evidence of limitation of function or pain. The claim for service connection for bilateral pes planus was denied in a final decision, but new and material evidence has been submitted raising the possibility that the condition may have been aggravated by military service.

The veteran's service-connected left eye disability, characterized by a corneal scar and associated foreign body sensation, has been rated at 10 percent since June 25, 1991. The VA examiner found no evidence of recurrent corneal abrasions but noted the presence of microcysts consistent with such. The veteran's need for frequent lubrication and occasional rest periods is considered in his current rating.

The VA denied the veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, including diabetes mellitus, hypertension, facial scars, and headaches. The combined evaluation of these conditions is at 70 percent.

The Board granted an increased rating of 30% for the scar on the back of the neck and a 10% evaluation for the skin condition involving the scalp. The claim for service connection for hypertension was also granted, but secondary to the service-connected scar.

The VA determined that the veteran's service-connected fibroid scarring of the right lung did not cause or contribute to his death from respiratory failure and ARDS.

The Board denied the veteran's claims of entitlement to an initial compensable evaluation for a scar of the head, service connection for disability manifested by blurred vision, and service connection for disability due to a neck injury. The veteran's current eye abnormalities were not related to his in-service motor vehicle accident.

The Board has determined that the veteran currently has a diagnosed low back disorder, and there is sufficient evidence to support service connection for this condition. The issue of entitlement to service connection for a left eye scar remains pending as it lacks current disability documentation.