Scars decisions — 2007

The Board denied the claim for an effective date prior to July 2, 2001 for the grant of a total disability rating based on individual unemployability due to service-connected disabilities. The evidence did not show that the veteran's service-connected conditions prevented him from securing or following some form of substantially gainful employment within one year before July 2, 2001.

The Board has remanded the veteran's claims for a higher rating for his service-connected scar and for service connection for a cervical spine disability due to potential interrelatedness of issues, including possible new CUE in a prior decision. The RO is instructed to obtain SSA records and provide appropriate notice before adjudicating these matters.

The Board denied service connection for anxiety disorder and a compensable disability rating for the left hand scar. The veteran's attempt to reopen these claims was unsuccessful due to lack of new and material evidence.

The veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 for a scar and other residuals of excision of a lipoma from his right abdominal wall in April 1990 was denied. The claims for an earlier effective date for service connection for schizophrenia were also dismissed.

The veteran's claim for a total rating based on individual unemployability was denied as her service-connected disabilities do not meet the threshold requirements for such a rating. The noncompensable rating assigned for scleroderma is upheld.

The Board determined that the veteran's left leg injury was not incurred in the line of duty due to his own willful misconduct, and therefore denied service connection.

The veteran's appeal has been dismissed due to his withdrawal of the appeals for increased ratings for tinnitus and shrapnel scars, as well as his request for a TDIU. The case is now pending on the issue of service connection for dizzy spells.

The veteran's claims for increased disability ratings on an extraschedular basis were denied as the evidence did not show that his service-connected bilateral foot and left hip disabilities rendered him unable to secure or follow a substantially gainful occupation.,The veteran's claim for special monthly compensation based on need for aid and attendance or housebound status was also denied due to lack of evidence showing he required such assistance.

The veteran's claim for an initial rating in excess of 20 percent for fatigue associated with prostate cancer is denied.,The veteran's claim for a compensable rating for surgical scar, midline lower abdomen associated with prostate cancer is denied.,Evidence received since the February 1981 RO decision does not relate to an unestablished fact necessary to substantiate the claim of service connection for back disability and thus the claim remains in its final status.

The Board has determined that the veteran's service-connected disability resulted in loss of use of his left lower extremity, and thus grants special monthly compensation for this condition.

The Board has denied the veteran's claims of service connection for left upper extremity and lower extremity disorders, as well as a neurologic disorder due to exposure to chemical and biological agents. The evidence did not establish current disability or link these conditions to service.

The veteran's claims for an initial compensable rating for hemorrhoids and a disability rating in excess of 10 percent for residuals of a pilonidal cystectomy, to include a painful scar, have been denied. The Board found that the evidence did not support ratings higher than the current noncompensable evaluations assigned.

The Board denied the veteran's claims for increased evaluations for his left shoulder scar, atrial hypertension, bilateral hearing loss, and granuloma of the left lung as they did not meet the criteria for a higher evaluation under applicable diagnostic codes.

The veteran's claims for increased ratings and effective dates are being remanded due to the need for further development.,The veteran's claim for an increased rating for a gunshot wound of the left thigh is being remanded due to the need for further development.,The veteran's claim for an increased disability rating for above-the-knee amputation of the right leg, with phantom leg pain, is being remanded due to the need for further development.,The veteran's claim regarding CUE in a June 1969 rating decision that did not grant service connection for arthritis of the left wrist is being referred to the RO for adjudication.,The veteran's claim regarding CUE in a June 1969 rating decision that did not grant service connection for loss of sensation of the left hand is being referred to the RO for adjudication.,The veteran's claims for an effective date earlier than August 21, 2001 for the grants of service connection for arthritis of the left wrist and loss of sensation of the left hand are being remanded due to the need for further development.,The veteran's claim for a TDIU is being referred to the RO for adjudication.

The Board granted service connection for various conditions and increased the rating to 10 percent for thrombophlebitis of the left forearm, but denied claims for higher ratings for other conditions.

The Board has reopened the veteran's claim for service connection of a scar on his right foot and granted service connection for residuals of Morton's neuroma, finding that both conditions were aggravated by military service.

The VA denied a compensable evaluation for residual scars of the left thigh and leg due to grenade explosion, finding no significant muscle disability.

The veteran's bilateral hearing loss is not related to his active duty service. The RO has scheduled VA examinations for the veteran's GERD and right wrist injury.

The veteran's appeal for a rating in excess of 10 percent for postoperative Grave's disease is dismissed. A 30 percent rating is granted for the right cheek mole excision scar.

The Board has determined that service connection is not warranted for the claimed diabetes, skin cancer, and scars of the chest. The veteran's claims were denied.