Scars decisions — 2007

The Board has remanded the case for additional development due to missing service medical records and insufficient evidence.

The Board denied the veteran's claims for service connection for a back disorder, PTSD, and an initial compensable rating for his chest scar. The evidence did not support these claims.

The Board has determined that the veteran's service-connected disabilities prevent him from securing and following a substantially gainful occupation, warranting an extraschedular TDIU.

The veteran's service-connected flak wound residuals of the right thigh are rated at 30 percent, and his service-connected scar of the right thigh is rated as noncompensable. The Board finds that both conditions meet the criteria for increased ratings.

The veteran's claims for higher initial evaluations for his left knee disability, fractures of the first proximal phalanx and skull, and scars on his forehead and chin have been denied as there is no indication that these conditions are service-connected. The RO has not assigned a compensable evaluation to any of these disabilities.

The veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation.

The Board denied the veteran's claims for increased evaluations for hepatitis C and residual scars from a rib biopsy, finding that his symptoms did not warrant higher ratings under applicable diagnostic codes. The veteran's TDIU claim was also denied as he is able to secure or follow a substantially gainful occupation.

The veteran's appeal has been dismissed as he withdrew his appeal in April 2007.

The Board denied increased ratings for the veteran's service-connected residuals of a shell fragment wound, vitiligo, and varicosities. The scar from the right lower leg was assigned a 10 percent rating effective May 1, 2003.

The Board has determined that additional development is needed before the claim can be adjudicated, including obtaining service medical records and Social Security Administration records. The veteran will also need to undergo a VA examination to determine his current back condition and scar.

The Board denied service connection for chronic respiratory disability and residuals of lead poisoning due to asbestos exposure in service.

The veteran's initial claim for service connection was denied, and he appealed the decision. The Board remanded the case multiple times to obtain additional evidence.,After obtaining necessary information and evidence, it was determined that the veteran had a scar residual of shrapnel wound on his left knee since October 6, 1969. However, there is no evidence showing limitation of function due to this condition prior to September 13, 2000.

The veteran's claims for increased ratings for his service-connected elbow and thigh injuries were partially granted, with a 30% rating assigned for the left posterior thigh condition. The elbow condition remains at 10%. The effective date is not specified.

The Board has determined that there is no evidence of scarring or burns during service, and the veteran does not have a current disability related to his claimed condition. Therefore, the claim for service connection for scars resulting from burns is denied.

The Board found that the veteran did not have exposure to mustard gas or Lewisite during service and thus could not establish a claim for service connection based on such exposure. The Board also determined that there was no evidence of combat, which is required for claims involving PTSD. As a result, the veteran's claims were denied.

The veteran's death was not service-connected, but he had a combined disability rating of at least 90% for over ten years prior to his death. The claim is denied as the criteria for DIC under 38 U.S.C.A. § 1318 are not met.

The veteran's claim for increased ratings for his lumbosacral spine disability and lumbar spine scar was denied. The Board found that the evidence did not support a rating in excess of 40 percent for the lumbosacral spine disability, as there were no incapacitating episodes or other factors warranting such an increase. For the lumbar spine scar, the Board noted that it was not painful and did not limit function.

The Board granted increased disability evaluations for the veteran's service-connected residuals of shell fragment wounds, with a 30 percent rating assigned for each issue. The effective date is not specified.

The Board has determined that the veteran's postoperative scar, left inguinal herniorrhaphy does not meet or approximate criteria for a rating in excess of 10 percent.