Scars decisions — 2006

The Board denied all the issues related to increased ratings for various conditions of the veteran's left leg and knee, including shell fragment wounds and neuropathy. The current evaluations are found to be appropriate based on the evidence showing no more than moderate impairment.

The veteran's claims for increased evaluations were denied. The Board found no evidence of current right ear hearing loss disability and determined that the veteran did not have moderate impairment in his left great toe, lumbosacral strain, or ankle condition at any point since service connection was established. The postoperative residuals of a left tibial shaft fracture with limited motion of knee were also rated as 10 percent disabling.

The Board has granted a 40 percent evaluation for impairment of the right elbow associated with residuals of the right forearm scar, effective from June 2004. The veteran's claim for lumbar spine degenerative disc disease is also granted.

The Board denied the veteran's claims for an increased rating for his service-connected burn scars and for service connection of a right arm disability, finding that the evidence did not support these claims.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to assess the veteran's right hand conditions. The issues on appeal include compensation under 38 U.S.C.A. § 1151 for residuals of right thumb surgery, increased evaluations for traumatic arthritis and burn scars, and a temporary total rating based on convalescence from right hand surgery.

The VA denied the veteran's claim for an initial compensable rating for a scar in his right mandibular area, finding that the evidence did not meet the criteria for a 10 percent rating under DC 7800.

The veteran's claims for increased ratings and initial evaluations were granted, with the maximum schedular evaluation of 10 percent assigned for each issue.

The veteran's burn scars of the left and right legs are currently rated at 20 percent each, but do not meet or more closely approximate the criteria for a higher rating under VA's rating schedule.

The veteran's service-connected shell fragment wound scar and gunshot wound residuals have been rated as 10 percent disabling since September 12, 1995. The Board finds that the current ratings adequately reflect the severity of his symptoms and do not warrant a higher evaluation.,A separate 10 percent rating is in effect for arthritis of the left shoulder.

The veteran's claim for specially adapted housing assistance or a special home adaptation grant is being remanded due to the need for additional development of his medical records and VA examinations.

The veteran's service-connected heart disability does not cause any functional limitations, and thus he is not shown to have an employment handicap. As a result, the need for vocational rehabilitation training under Chapter 31 of Title 38 has not been demonstrated.

The Board has determined that the veteran has not submitted new and material evidence to reopen his claim for service connection for post-operative scars as a residual of surgery for hammertoes, which was previously denied in April 1957. The appeal is therefore denied.

The Board found that the veteran does not have residuals of frostbite of the feet or facial scars as a result of service, and thus denied both claims.

The Board has denied the appellant's claim for service connection for the cause of her husband's death, finding that his suicide was not caused by a service-connected disability.

The Board has determined that the submitted evidence is not new and material, thus denying the veteran's request to reopen his claim for service connection for encephalomyelopathy.

The Board denied the veteran's claims for increased ratings and service connection, finding that his scars did not meet criteria for higher ratings and that there was insufficient evidence to establish a secondary service connection for a heart disorder.

The Board has granted the veteran's claim for service connection for a deviated nasal septum. The appeal regarding an initial compensable rating for his service-connected appendectomy scar is dismissed as the veteran withdrew his appeal.

The Board has determined that the VA examination report is inadequate for rating purposes and has ordered additional records to be obtained, including Social Security Administration records. The appellant needs a comprehensive VA examination to evaluate his service-connected right calf muscle injury.

The Board denied the veteran's claims for increased ratings for his chemical burn scars and laceration scar, finding that the evidence did not support an evaluation in excess of 10 percent. The claim for tinnitus was also denied as a matter of law due to the revised criteria for evaluating tinnitus.

The veteran's claims for increased ratings for her scar of the left breast and tendonitis of the left wrist have been denied as there is no evidence to warrant a higher rating under current VA regulations.