Scars decisions — 2007

The Board finds that the veteran's loss of use of his hands is due to service-connected disabilities, and thus he is entitled to special monthly compensation.

The Board denied the appellant's claims for service connection for cause of death and DIC under 38 U.S.C.A. § 1318, finding that there was no evidence showing a service-connected disability either caused or contributed to the veteran's death.

The Board has determined that the veteran does not have a right ankle disability related to service and his appendectomy scar is not shown to be painful or unstable, warranting no compensable evaluation.

The veteran's service-connected disabilities did not prevent him from engaging in employment consistent with his education and occupational experience prior to March 24, 2005.

The Board granted service connection for the veteran's shrapnel wound to left axilla area with retained foreign body and scar, but denied a higher initial rating. A separate compensable rating of 10% was assigned for involvement of Muscle Group IV in his shrapnel wound.

The veteran's claims for a compensable rating for his hydrocelectomy scar, service connection for his right and left lower extremity disorders (right knee and left knee), were all denied. The Board found no evidence linking the current conditions to service.

The veteran's initial compensable ratings for his service-connected bilateral hearing loss disability and left hip scar have been granted. The left hip scar is rated at 10 percent, the maximum rating available under current regulations.

The veteran's death was not caused by any service-connected disability, and the Board finds that service connection for the cause of death is denied.

The Board found that the veteran's sternal dehiscence and scarring were not caused by VA medical care, but rather due to a postoperative MRSA infection. The decision concludes that there was no fault or negligence on the part of VA in providing the treatment.

The veteran's claim for TDIU due to service-connected disabilities is being remanded for additional development, including obtaining medical opinions regarding his employability and Social Security Administration records.

The veteran's claims for erectile dysfunction and burn scars of the back and arms are being remanded due to insufficient examination findings. The RO will schedule new examinations to determine current severity.

The Board has remanded the case to the RO for further development, including scheduling a personal hearing before a member of the Board.

The Board has denied the veteran's claims for service connection for PTSD and a compensable rating for an abdominal scar as a result of shrapnel wound. The veteran did not meet the criteria for service connection for PTSD, and his scar does not meet the criteria for a compensable rating under either the old or revised regulations.

The Board denied the veteran's claims for increased ratings for his service-connected left knee disabilities, finding that the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The veteran's service-connected disabilities do not meet the minimum percentage requirements for a schedular award of a TDIU, and his disabilities are not shown to prevent him from obtaining or retaining substantially gainful employment.

The veteran's initial claim for a compensable rating for bilateral hearing loss was denied, and his claim for an increased rating for scars of the mouth and upper lip remains pending due to further development needed.

The Board denied the veteran's claims for service connection for an acquired psychiatric disorder, residuals of a right hand fracture, hepatitis C, and a left cheek scar as there was no evidence to support these claims. The veteran's major depressive disorder was not shown to be related to his military service.

The veteran's claim for retroactive waiver of military retired pay in favor of VA disability compensation prior to July 1, 2000 was denied as there was no evidence of an informal claim or new and material evidence presented.

The Board has denied the veteran's claims for service connection and secondary service connection for a right shoulder condition, granted service connection for a bilateral knee strain, but denied an initial compensable disability rating for abdominal scars.

The veteran's PTSD was rated at 50% prior to his death, and the Board granted a higher rating of 70%. However, DIC benefits were not awarded as there was no evidence showing that the cause of death (cardio-respiratory failure due to coronary artery disease and chronic bronchitis) was related to service-connected conditions.