Scars decisions — 2006

The Board has determined that the veteran's service-connected injuries, including a depression fracture of the occipital region of the skull and multiple shrapnel wounds to various parts of his body, have resulted in chronic conditions such as post-traumatic headache disorder, peripheral neuropathy, and scars. These findings support granting service connection for these disabilities.

The Board dismissed the veteran's appeals regarding increased ratings for residuals of a fracture to C2 and displacement of C1, scars of the forehead, and skull indentations as he withdrew his appeal.

The Board has granted an increased rating of 10 percent for the veteran's service-connected mixed deafness of the right ear, effective from October 29, 1944. The decision also addressed his service-connected chronic suppurative otitis media, right with mastoidectomy scar and assigned a 10 percent evaluation.

The Board found that the veteran's service-connected disabilities did not cause or contribute to his death, and thus denied the claim for service connection for the cause of the veteran's death.

The Board has determined that the veteran's psychiatric disorder and laparotomy scar were not caused or aggravated by his military service. The appeal is denied.

The veteran's cause of death was not service-connected, and his service-connected disabilities did not materially contribute to his death. The appellant is not eligible for Dependents' Educational Assistance under Chapter 35.

The veteran's claim for a total disability rating due to unemployability caused by service-connected disabilities prior to February 24, 1998 was denied. The effective date of the TDIU award is set at February 24, 1998.

The Board has remanded the case due to incomplete service records and a need for further examination. The veteran's claims for service connection are pending.

The veteran's scars status post shrapnel injury to the right forearm are not compensable, and his claim for service connection of nerve damage to the right arm and right forearm is denied.

The veteran's claims for service connection for an eye disorder and a left cheek scar resulting from a shrapnel wound below the left eye have been reopened. However, his claim for an eye disorder remains denied as new and material evidence has not been submitted to reopen it. The claim for a left cheek scar is ongoing with the VA still considering whether the veteran's current condition is related to service.

The veteran's death was not due to a service-connected disability. The appellant's claims for accrued benefits and service connection were denied.

The Board finds that the preponderance of the evidence is against the veteran's claim for a compensable evaluation for the service-connected residual scarring of the bladder outlet, status post radiation treatment for prostate cancer.

The Board has granted a compensable rating of 10 percent for the postoperative scar and a separate 10 percent rating for incomplete paralysis of the left facial nerve, effective from the date of receipt of the veteran's claim.

The veteran's service-connected disabilities do not meet the criteria for a certificate of eligibility for financial assistance in purchasing an automobile or adaptive equipment, nor does he qualify for a certificate of eligibility for assistance in acquiring specially adapted housing.

The veteran's squamous and basal cell carcinoma with actinic keratoses is granted service connection. His residual scar from a shell fragment wound to the left forearm is rated at 10 percent, which is the highest rating available under current criteria.

The Board found that the veteran's service-connected recurrent left inguinal hernia and left inguinal hernia scar with nerve entrapment warrant a 10 percent disability rating each, as there is no evidence of recurrence or unoperated irremediable hernias.

The veteran's claim for a higher rating and earlier effective date for his right arm scar were denied. The Board found that the evidence did not support an increase in disability prior to April 23, 2002, when he filed his new claim.

The Board found that the veteran's burn scars of the medial thighs were not incurred or aggravated in active service and denied his claim for service connection.

The VA has denied the veteran's claim for an increased rating for his service-connected residuals of a head injury with facial scars, as the current rating of 10% is deemed sufficient to cover his condition.

The veteran's service-connected conditions have been evaluated, and the Board has determined that no increased ratings are warranted for any of his service-connected disabilities.