Scars decisions — 2007

The veteran's PTSD, degenerative arthritis of the lumbar spine, and post-operative total right hip replacement are all rated as they currently stand. The appeals for increased ratings have been denied.

The Board has determined that the veteran's scars do not meet the criteria for a compensable rating, as they do not cause functional impairment and are not tender or painful on objective demonstration.

The Board has reopened the claim for service connection for residuals of a left knee injury and granted entitlement to Paragraph 30 benefits based on convalescence following surgery. The veteran's current eye disability is not compensable.

The veteran's claim for an increased evaluation for his service-connected cervical spine disability was denied as the evidence did not show severe limitation of motion, intervertebral disc disease with severe recurring attacks, incapacitating episodes of intervertebral disc syndrome having a total duration of at least four weeks but less than six months during the past 12 months, forward flexion of the cervical spine 15 degrees or less, or favorable ankylosis of the entire cervical spine.

The veteran's appeal has been withdrawn prior to the Board making a decision.

The veteran is seeking an earlier effective date for a 10 percent rating for scars from abdominal surgeries. The case has been remanded to determine if there was clear and unmistakable error in the reduction of his disability rating.

The veteran's service-connected disabilities, including COPD and PTSD, render him unemployable.

The veteran is seeking compensation under the provisions of 38 U.S.C. § 1151 for a scar on his right side, which resulted from surgery in July 1995 at a VA facility. The Board has ordered additional development to confirm if this procedure took place and to obtain all relevant medical records.

The Board has remanded the case for additional development, including obtaining medical records and arranging for an examination if necessary. The veteran's claims for service connection will be reconsidered based on the new evidence.

The Board found that the veteran's shrapnel fragment wound scar and its residuals did not warrant an increased rating beyond the current 10 percent and 20 percent evaluations, respectively.

The Board has determined that the veteran should be afforded a VA examination to determine if his macular scar is related to his military service. The case will be remanded for further development and consideration.

The Board has denied the veteran's claims for service connection for bilateral hearing loss disability, scar tissue on the eardrums, balance problems (claimed as secondary to ear disability), and nasal obstruction, status post septoplasties. The Board found that there is no current evidence of these conditions in service or their relationship to service.

The veteran's request for an increased rating for residual scar and postoperative hypesthesia in distribution of right T10 and T11 nerve roots was denied. The issues of service connection for hearing loss and tinnitus are addressed in the REMAND portion.

The Board has determined that the veteran's scars of the right leg do not meet the criteria for a compensable evaluation, as they are well healed and non-tender with no associated functional loss.

The veteran's claims for an initial compensable rating for his scarring and for an earlier effective date for service connection were denied. The Board found that the preponderance of evidence did not support a higher rating or an earlier effective date.

The veteran's appeal is being remanded for additional medical evaluation to determine the extent of his service-connected chronic conjunctivitis and whether he has other related eye disabilities.

The Board denied the veteran's claim for a higher initial disability rating for his scars of the right arm, finding that they did not meet the criteria for a compensable evaluation.

The Board dismissed the motion for revision of the March 8, 1979, March 23, 1989, and June 17, 1997 decisions based on clear and unmistakable error due to lack of specificity in allegations. The July 15, 2004 decision was dismissed as there is no final decision for the Board to review on the basis of CUE.

The Board finds that the veteran's claim for a compensable rating for his left hip arthrotomy scar prior to June 5, 2003 is denied as there is no factually ascertainable evidence demonstrating such a rating was warranted.

The Board has granted service connection for an acquired psychiatric disorder, increased the evaluation of residuals of a comminuted fracture of the right wrist with fasciotomy and degenerative joint disease to 40 percent, and increased the evaluation of partial ulnar nerve palsy of the right hand to 40 percent. The initial compensable evaluation for residual scarring of the right arm has also been granted.