Scars decisions — 2007

The veteran's claims for increased ratings for post-traumatic stress disorder, shell fragment wound of the left lower extremity with residuals of fracture of left fifth metatarsal, and shell fragment wound scar of the anterior aspect of the left lower extremity are being remanded to allow further action.

The VA denied the veteran's claim for an increased evaluation in excess of 10 percent for his service-connected scar on the right thumb, as it did not meet the criteria under the applicable rating codes.

The veteran's residuals of right index finger injury with scarring cause some limitation in his functional capacities, including typing and filing. Considering the reasonable doubt doctrine, this functional loss is comparable to a mild diminution but no more than that degree of competent and tactile movements.

The veteran's current scar of the left face, on his cheek, is related to service and he has been granted service connection for this condition. The Board also found that there was a current disorder (likely a muscle or nerve damage) related to service but did not determine if it met the criteria for service connection.

The Board denied the veteran's claims for service connection for Multiple Sclerosis (MS) and a right elbow condition, finding that there was no evidence of onset or aggravation during active duty. The conditions preexisted her last period of service.

The Board has determined that the veteran's post-operative scar residuals of pilonidal cystectomy do not warrant a disability rating in excess of 10 percent, as they are tender and painful but cover an area less than 12 square inches.

The VA determined that the veteran's scar of the right lung did not have its onset in service or pre-existed service and was not permanently worsened therein, to include due to exposure to asbestos or radiation from radar. The Board found no evidence of a current diagnosis of asbestosis or another asbestos-related disease.

The Board denied service connection for tinnitus and right ear sensorineural hearing loss, and the claim for corneal scars was also denied. The veteran's claims were not reopened due to lack of new and material evidence.

The veteran's claims for higher initial ratings for his right shoulder and left knee disabilities have been granted. The right shoulder disability is rated at 20 percent effective from May 3, 2007, while the left knee disability remains at a noncompensable rating.

The veteran's lumbar canal stenosis, status-post decompressive laminectomies and bilateral foraminotomies at the L4-5 is rated at 40 percent effective March 10, 2006. His bilateral hearing loss has a zero percent rating since his claims were filed in 1998. The veteran's PTSD is rated at 30 percent effective June 9, 2006.

The Board has determined that the appeal is remanded due to insufficient notice provided regarding the bases for the prior denials and the need for new evidence.

The Board has determined that the veteran's service-connected left ear hearing loss and bilateral inguinal hernias with post-surgical scars do not warrant an increased rating. The noncompensable disability ratings assigned for these conditions remain unchanged.

The veteran's appeal is being remanded for additional consideration due to the submission of new evidence in April 2005. The case will be reviewed again after obtaining all relevant medical records and scheduling a VA examination.

The Board has determined that the veteran's service-connected burn scar on the palm of his right hand does not warrant a rating in excess of 10 percent, as it is superficial and measures 5 cm by 4 cm with pain but no adherence or instability.

The Board denied the veteran's claims for reopening his service connection claims for facial laceration scars and residuals of a head and neck injury, finding that no new and material evidence had been submitted.

The Board has remanded the case due to outstanding VA medical records and further development is required.

The Board has determined that the veteran's bilateral knee disability, arthritis of hands, wrists, ankles, and feet, and high cholesterol were not incurred in or aggravated by active service.,Service connection for residuals of shrapnel wounds to the right shoulder disability is granted based on a combat injury during service.

The Board has granted service connection for PTSD and found that the veteran's current diagnosis of PTSD is due to disease or injury incurred in active service. Service connection was denied for cystic acne as there was no evidence linking it to military service.

The Board finds that the veteran's service-connected disabilities, in and of themselves, are of such severity as to preclude him from securing substantially gainful employment requiring either mobility or merely a stationary setting.

The veteran's neck pain and head scar are being reviewed for service connection. The Board has ordered a VA examination to determine the etiology of these conditions.