Scars decisions — 2006

The Board finds that the initial March 1999 grant of service connection for prostate cancer and various residual disabilities was clearly erroneous based on the legal presumption of exposure to herbicides set forth at 38 C.F.R. § 3.307(a)(6)(iii) pertaining to veterans who had 'Service in the Republic of Vietnam.' The appellant's active naval service did not include 'Service in the Republic of Vietnam' as defined, and he is not now entitled to this legal presumption.

The VA determined that the veteran's donor scar of the left forearm warrants a 10 percent evaluation, which is the maximum rating available under current criteria.

The Board has determined that the appellant is entitled to a compensable rating of 10 percent for his shell fragment wound scar of the right medial thigh, effective December 23, 2002.

The veteran's claims for service connection for Agent Orange exposure and PTSD were denied, while his claim for an increased rating for burn scars was not addressed. The Board found that the veteran did not have PTSD and that there is no legal merit to his claim of service connection for Agent Orange exposure.

The Board has granted service connection for bilateral hearing loss. Service connection is denied for a scar of the lateral left cornea and remanded for further examination to determine if arthritis of both hands could be related to service.

The veteran's claim for a higher initial rating for service-connected scars of the lumbar spine is denied. The RO has already granted service connection and assigned a noncompensable rating for these scars, but did not include them in the combined disability rating calculation.

The veteran's post-operative residuals of bilateral gynecomastia with scarring are manifested by two 3-centimeter scars under the nipples. The RO has assigned a 10 percent evaluation for this condition.

The Board has determined that the veteran's service-connected PTSD and facial scarring are severe enough to prevent him from securing or following a substantially gainful occupation, warranting a total disability rating based on individual unemployability.

The Board has determined that the veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation, and thus does not meet the criteria for a TDIU.

The Board has determined that the veteran's healed, postoperative ventral hernia with a superficial scar that is painful on examination does not meet the criteria for a disability rating in excess of 10 percent.

The veteran's service-connected disabilities do not render him unemployable, as he is currently working full-time and the VA examination found no significant impairment in his ability to follow a substantially gainful occupation.

The veteran's claim for service connection for coronary artery disease was denied in August 2001. The RO found that no new and material evidence had been submitted to reopen the claim. His other service-connected conditions do not meet the criteria for financial assistance in purchasing an automobile or adaptive equipment.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for compensation under 38 U.S.C.A. § 1151 for lymphedema and scarring of the right lower extremity due to radiation therapy, and it is granted.

The VA denied an increased evaluation for the veteran's right eye disability, which is currently rated at 20 percent.

The veteran's left lower extremity disabilities, including osteomyelitis and amputation with a scar, are rated at 40 percent combined under the amputation rule. The VA examiner found that the osteomyelitis does not result in weight loss, anemia, liver problems, fever or other secondary constitutional symptoms.

The veteran's claim is being remanded for clarification on which current scar (or scars) are related to the service-connected conditions and for a VA medical examination to determine if there is residual disability sufficient for a compensable rating.

The Board found that the veteran's PTSD and scars were not incurred in or aggravated by his active duty service due to lack of corroborating evidence for alleged stressors, and thus denied both claims.

The veteran's service-connected residuals of an injury to the left great toe are rated at 10 percent, and he is granted service connection for a scar of the back as secondary to his active duty for training.

The veteran's right radius and ulna fracture residuals are currently rated at 30 percent, which is the maximum rating available under Diagnostic Code 5213.,The veteran's left foot toe fractures have been rated at 20 percent since January 25, 2000. The current effective date for this rating is October 8, 2002.

The veteran's claims for increased ratings were denied. The tinea pedis was not rated compensable, and the acne skin disorder prior to November 4, 2004, met the criteria for a 30 percent rating but no more. From that date, it did not meet the criteria for any higher rating.