Scars decisions — 2006

The veteran's claim for an increased rating for his service-connected scar of the right foot was denied as the evidence did not support a higher evaluation.,The veteran's claim for an increased rating for his service-connected depressive disorder prior to April 12, 2005 and in excess of 50 percent from that date was also denied.

The Board found that the veteran's death was due to natural causes and not service-connected conditions, thus denying the claim for service connection for the cause of the veteran's death.

The Board has remanded the case for additional development due to failure to report for VA examinations, rescheduling of hearing, and submission of new evidence. The veteran's right knee disability may be related to his service-connected left knee disability.

The veteran's claims for increased ratings have been granted, with the effective dates being from the date of the initial rating decisions.

The Board has granted a 10 percent rating for laceration scars of the left eyebrow, lower lip, chin and mouth, effective as of the date of the decision.

The Board has determined that the veteran's hypertension did not develop during service or within a year of separation, and thus cannot be granted service connection. The need for regular aid and attendance or housebound status was also denied as there is no evidence showing he requires such assistance due to his service-connected disabilities.

The veteran's claims for service connection and increased ratings are being remanded due to the need for additional medical examinations.

The Board has determined that the veteran's service-connected laceration scar of the left index finger does not warrant a compensable rating, and his service-connected scar at the donor site of the left hip is already rated at its maximum allowable under VA regulations. Therefore, both claims are denied.

The Board denied the veteran's claims for service connection for a low back disability and forehead scars, finding no evidence of a nexus to his period of active service.

The veteran's appeal is being remanded for further examination to determine the cause of his low back and left leg symptoms, whether they are related to his service-connected scar or other conditions.

The veteran's residuals of second and third degree burns on the right lower extremity are rated at 20 percent, which is the maximum rating available under Diagnostic Code 7801.,The veteran's residuals of second and third degree burns on the left lower extremity are rated at 30 percent, as this level of disability meets the criteria for a higher rating under Diagnostic Code 7801.

The Board has determined that the veteran's claims for compensable ratings for an appendectomy scar and right ankle fracture are not supported by the evidence of record. The preponderance of the evidence does not meet the criteria for a compensable rating under any applicable diagnostic codes.

The Board denied service connection for multiple cysts of the right kidney, liver, and skin, to include residuals of a right modified radical mastectomy. The claim for SMC benefits based upon anatomical loss of the right breast was denied by operation of law. The TDIU rating claim was also denied.

The veteran's bilateral pes planus and post-operative scarring of the gastrocnemius muscles have been evaluated based on their current severity. The Board has determined that a higher rating is not warranted for these conditions.

The Board has granted a 30 percent disability rating for the service-connected right ankle dislocation, effective from May 2005. The other issues were not addressed as they are being remanded.

The veteran's left below the knee amputation with chronic reflex sympathetic dystrophy is rated at the highest schedular evaluation allowed, and his service-connected disabilities prevent him from securing or following any substantially gainful employment. The shell fragment wound to the left shoulder does not meet a compensable rating criteria.

The Board has granted service connection for residual burn scars of the hands. The veteran's claims for an initial compensable rating for a residual burn scar of the nose and service connection for residual burn scars of the left leg, stomach, and back are being remanded to determine the current nature and extent of these disabilities.

The Board has denied the veteran's claims for earlier effective dates and higher initial ratings, finding no legal basis for an earlier effective date than December 14, 2001.

The veteran's claim for an effective date prior to October 7, 2004 for the grant of a total disability rating based on individual unemployability due to service-connected disabilities was denied as he is not entitled to earlier effective dates under the regulations governing grants based on liberalizing changes in the law.

The veteran's service-connected disabilities, including a right femoral artery pseudoaneurysm, prevent him from obtaining or retaining substantially gainful employment. The Board has granted a TDIU rating based on this finding.