Scars decisions — 2006

The Board has denied all claims for service connection and a higher initial rating for hypertension, as well as the denial of increased ratings for other conditions. The appellant did not meet the criteria for any of these claims.

The veteran's service-connected keloid scars on the left arm and hand were rated at 10 percent prior to October 15, 2001. Effective October 15, 2001, separate ratings of 10 percent each were assigned for scars of the left hand and scars of the left upper arm.

The Board finds that the veteran's death from metastatic prostate cancer and respiratory failure due to acute bilateral bronchopneumonia due to aspiration was not caused or substantially contributed to by any of his service-connected disabilities, including prostatitis. The preponderance of evidence is against a favorable decision for the appellant's claim.

The Board denied the veteran's claims for service connection and initial ratings for his disabilities, finding that they did not meet the criteria for a compensable rating under VA's schedular guidelines.

The veteran's claims for increased evaluations and TDIU were denied. The RO found that the veteran did not meet the criteria for an evaluation in excess of the current ratings assigned for his service-connected disabilities.

The veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board finds that his claim for TDIU is granted.

The Board denied an increased initial evaluation for the service-connected scar, right anterior thigh, finding no evidence of pain, adhesions, ulceration, or loss of function due to the scar. The veteran's claim was evaluated under both the old and new rating criteria but ultimately denied as there is no basis in the record for a compensable rating.

The Board found that the veteran's current left eye disorder, other than choroidal rupture with macular scar, was not incurred in or aggravated by service and is not related to a service-connected condition.

The Board found that the veteran's cause of death, emphysema and chronic obstructive pulmonary disease, was not related to his military service or a service-connected disability. The preponderance of evidence is against granting service connection for the cause of death.

The veteran's right eye disability, characterized by a large chorioretinal scar causing vision loss to 20/400 in the affected eye and 20/30 in the other, meets the criteria for a 30 percent rating under Diagnostic Code 6077.

The Board is remanding the case for additional development to determine the current severity of the veteran's service-connected macular scar and any associated cataracts, including whether they are secondary to the macular scar.

The VA denied an initial evaluation in excess of 10 percent for multiple scars of the left lower extremity, finding that the veteran's scars are well healed and do not exceed an area of 144 square inches.

The veteran's claims for service connection were granted, and he was awarded a compensable rating for his bilateral hearing loss. His right hip disability and chest pain were also granted service connection. The effective date of the award is July 8, 2002.

The Board denied the veteran's claims for service connection for residuals of a miscarriage to include endometriosis and a hysterectomy, as well as for degenerative disc disease and degenerative joint disease of the lumbar spine. The evidence did not support the presence of current disabilities related to these conditions.

The Board has determined that the veteran's claims for service connection for anemia, increased ratings for eczema and abdominal scar, and a higher rating for residuals of bladder repair with urinary incontinence and frequency are not supported by the evidence. The veteran does not have current diagnoses or symptoms related to these conditions as claimed.

The appellant withdrew his appeal for an increased rating of his appendectomy scar, currently rated at 10 percent.

The veteran's service-connected disabilities, particularly his back and leg disorders, render him unable to protect himself from the hazards or dangers incident to his daily environment. The Board finds that he is in need of regular aid and attendance.

The Board denied the veteran's claims for increased ratings for shell fragment wound scars of his lower extremities, finding no evidence to support service connection or an increase in disability rating.

The Board has reopened the veteran's claim for service connection for hepatitis and found that new and material evidence has been submitted. The claims for status post resection of pituitary microadenoma and scars of the feet were denied.

The Board has granted an increased initial rating of 30 percent for migraine headaches, effective from the date of the May 2004 rating decision. The other issues remain pending and will be addressed in a separate remand.