Scars decisions — 2006

The veteran's service-connected disabilities do not prevent him from obtaining or retaining substantially gainful employment. However, two new medical opinions suggest a possible link between Agent Orange exposure and his Charcot-Marie-Tooth disease, which could potentially improve the likelihood of TDIU.

The Board has determined that there was no pending claim for a total disability rating based on individual unemployability before the current claim was received by VA on February 2, 2000. Therefore, an effective date earlier than February 2, 2000, is denied.

The veteran's claim for an earlier effective date for TDIU was denied as she did not meet the percentage requirements under 38 C.F.R. § 4.16(a) for TDIU prior to August 30, 2002.

The Board has granted service connection for a laceration scar on the dorsum of the right hand and assigned a 10 percent disability rating, effective from the date of the decision.

The Board has determined that an effective date earlier than April 23, 1999 for the award of a 30 percent evaluation for residuals of a plantar wart of the left heel with residual scar tissue is denied.

The veteran's service-connected residuals of multiple shell fragment wounds of the right arm are not shown to be productive of more than moderate muscle injury, and his service-connected residual shell fragment wound scars of the right forearm are shown to be productive of a disability picture that more nearly approximates that of a deep scar that causes no limited motion and is not shown to be unstable. The veteran was awarded a 10% evaluation for his service-connected residuals of multiple shell fragment wounds of the right arm, and a separate 10% evaluation for his service-connected residual shell fragment wound scars of the right forearm.

The Board has granted a 40 percent rating for the veteran's right brachial plexus injury (major) and has also granted a total disability rating based on individual unemployability due to service-connected disabilities.

The Board denied the appellant's claims for service connection for the cause of the veteran's death and entitlement to DIC under 38 U.S.C.A. § 1318, finding that there was no evidence linking the cause of death to any event or etiology in service, including his service-connected disabilities.

The VA denied the veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, as his combined percentage ratings did not meet the minimum schedular criteria for T/R and his service-connected conditions were not shown to prevent him from obtaining or retaining substantially gainful employment.

The veteran's claim for service connection for disfiguring scars of the scalp was denied in February 2003 due to his failure to prosecute. The Board finds that an earlier effective date is not warranted as there is no evidence of a valid claim prior to June 19, 2003.

The veteran's claims for increased ratings for his left palm scar and back scar have been denied as the evidence does not support a higher rating under VA's disability evaluation criteria.

The veteran's claims for higher disability evaluations for his service-connected scars, anxiety, and headaches status post concussive syndrome were denied. The RO found that the current ratings adequately reflected the severity of these conditions.

The veteran's claims for service connection were denied in February and January 1993, but reopened in May 1994. The RO granted service connection for the claimed conditions on September 2002 with an effective date of January 18, 1995.,In November 2005, the RO assigned an effective date of May 13, 1992 for all grants of service connection. The veteran appealed these decisions.

The VA determined that the veteran's third degree burn scar of the right lateral thigh, which measures no more than 45 square inches and is manifested by adherence to underlying tissue with decreased muscle strength, does not warrant a higher initial rating.

The Board found no clear and unmistakable error in the March 1, 1973 rating decision that granted service connection for a scar of the lower left chest but did not grant a separate evaluation for left lower chest muscle damage.

The VA denied the veteran's claims for higher ratings for facial scars and a fungal infection of both feet, finding that the evidence did not support an evaluation in excess of 10 percent for facial scars or any compensable rating for the fungal infection of both feet.

The Board denied the veteran's claims for service connection for a scar of the right buttock and residuals of a right testicle removal, finding no competent medical evidence linking these conditions to his military service.

The veteran's initial compensable rating for the residual scar of his left index finger was denied prior to February 17, 2006. From that date forward, he is not entitled to a disability rating in excess of 10 percent.

The veteran's claims for higher initial evaluations and increased ratings were granted, with a noncompensable evaluation initially assigned for bilateral hearing loss from October 29, 2001, and a 40 percent evaluation thereafter. The other claims remain pending.

The Board has granted service connection for a residual scar from excision of a right post-auricle sebaceous cyst. The claim for an increased rating for chronic eczema remains denied as the veteran's condition does not meet the criteria for a higher rating under either the old or new Diagnostic Code 7806.