Scars decisions — 2007

The Board denied service connection for residuals of a head injury, scar from facial injury, lung disease (chronic obstructive pulmonary disease), and pancreatitis. The claims were not granted due to lack of presumptive service connection based on exposure to herbicides.

The veteran's service-connected disabilities do not meet the criteria for a total disability rating based on individual unemployability due to his education and occupational experience.

The veteran's claims for separate disability ratings for facial scars and service connection for chronic sinusitis with headaches were denied. The effective date of the awards was set at October 27, 2003.

The Board denied the veteran's claims for increased evaluations for his service-connected chronic headaches, lumbosacral strain/sprain, and postoperative neck and facial scars. The veteran's headaches are characterized by daily occurrences with some light and sound sensitivity but no nausea or visual aura. His lumbosacral strain is limited to flexion of 70 degrees, extension of 20 degrees, lateral flexion and rotation each to 20 degrees without muscle spasm, guarding, or list. The scars are disfiguring with a total length of 6.5 cm, hyperpigmented, tender, and not adherent, ulcerated, depressed, elevated, or adherent.

The veteran's claims for increased ratings and service connection were denied. The Board found no evidence of a back disorder secondary to his service-connected bilateral knee disorders, and the right and left knee conditions did not meet criteria for higher initial ratings.,Tinnitus was also denied as there is no legal basis for an evaluation in excess of 10 percent.

The Board has determined that the veteran does not have current diagnoses of right knee, left knee, cervical spine, thoracolumbar spine, or skin disorders (other than scars), and therefore, his claims for service connection are denied.

The Board denied increased ratings for the veteran's burn scars and service connection for secondary disabilities of his right hip and lumbosacral strain. The veteran's right thigh scar was rated at 20 percent, which is the maximum rating available under current VA regulations.

The Board denied service connection for a fracture of the left hand, residuals of a fracture of the index finger, knife wound scars on the left arm and hand, and a right eye disability. The veteran's claims were not supported by competent medical evidence linking these conditions to his military service.

The Board denied the veteran's claims for service connection for various conditions, including right and left knee disabilities, ankle disabilities, temporomandibular joint disease, scars of multiple body parts, unspecified condition of the temple (other than scarring), vision loss, and headaches. The appeals were based on direct evidence rather than a presumption or secondary to service-connected disability.

The veteran's appeal has been withdrawn, and the case will be dismissed.

The Board has remanded the veteran's claims for further development due to failure to report for scheduled VA examinations and other procedural issues.

The Board has determined that further development is needed to address the proper application of the regulations for claims filed on or after October 1, 1997, and to ensure that the veteran is provided with appropriate notice.

The veteran's service-connected disabilities prevent him from securing and following a substantially gainful occupation, but his combined rating does not meet the percentage requirements for TDIU under VA regulations. The case is being remanded to determine if additional evidence supports an extraschedular evaluation.

The Board has granted earlier effective dates of April 24, 1994 for the grant of service connection and a compensable rating for left arm disability, low back disability, and left shoulder disability.

The veteran's service-connected disabilities are rated at a combined 80 percent, which is sufficient to warrant a TDIU rating. The effective date for the hearing loss with otitis media and chronic catarrhal remains unchanged.

The Board denied the veteran's claims for service connection for residuals of right parotoid gland adenitis and lip scar, finding no competent evidence linking these conditions to his military service.

The Board has denied the veteran's claims for service connection for bilateral knee disabilities and burn scars, finding that there is no clear and unmistakable evidence of pre-service existence or aggravation during service.

The Board has determined that the veteran's bilateral foot disability is not service-connected due to it being attributed to hyperhydrosis of the feet secondary to diabetes mellitus. The scar on the right third finger was also denied as there was no evidence linking it to service.

The VA denied a compensable rating for the veteran's scars from shrapnel wounds of the right and left legs, finding that the evidence did not support a compensable evaluation under either the old or revised criteria.

The Board has decided to remand the case for additional development, including obtaining medical records and conducting a VA examination.