Scars decisions — 2007

The Board denied the veteran's spouse's claim for CHAMPVA benefits because the veteran did not die from a service-connected disability, and therefore, she is not eligible for these benefits.

The veteran's service-connected scars have been rated as noncompensable, but an increased rating of 10 percent has been granted for the scars of the right and left buttocks effective July 24, 2004. The ratings for the scar of the left leg and the scar of the left forearm remain at noncompensable.

The veteran's combined schedular rating is 70 percent, but his service-connected disabilities do not prevent him from securing or following substantially gainful employment.

The Board has determined that service connection is not warranted for residuals of facial and burn scars of the right eye. The earlier effective date claim for noncompensable rating for right eye scars of the retina and conus is denied as a matter of law.

The veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling the veteran for VA examinations to assess the current severity of his service-connected disabilities.

The veteran's claims for bilateral hearing loss, tinnitus, tinea pedis, foot injury residuals (unspecified), arthritis/joint swelling, scar on the right eyebrow, and scar on the left palm were all denied as there is no evidence of current disabilities or a link to service.,There was no evidence of hearing loss disability in either ear during service. The veteran's SMRs are silent for complaints, findings, or diagnoses related to these conditions.

The Board denied the veteran's claims for initial evaluations in excess of 10 percent for instability of the left knee and residuals of a left anterior cruciate ligament repair with decreased sensation and scar.

The Board denied the veteran's claim for an extension of a temporary total disability rating due to her service-connected left great toe condition, finding that she did not meet the criteria for additional convalescent months under VA regulations.

The veteran's headaches are found to be related to his inservice head trauma, and he is granted service connection for this condition.,There were no residuals of the head injury noted in the service records or subsequent evaluations. The examiner opined that it was at least as likely as not post-traumatic in origin.

The veteran's left arm muscle disability is rated at 10 percent prior to March 9, 2006 and at 20 percent after that date.,The veteran's abdomen scar was initially rated as non-compensable but has been increased to 10 percent since March 9, 2006. The right hand scars have not yet received a compensable rating.

The Board found that the veteran does not have additional disability as to his residuals of septorhinoplasty with right conchal cartilage graft resulting from VA care, and denied compensation under 38 U.S.C.A. ¶ 1151.,The Board also determined that the scar on the right side of the nose did not originate in service or for many years thereafter, and is not related to any incident of service, thus denying service connection.

The Board has remanded the veteran's claims for further development due to insufficient examination reports and incomplete evaluations.

The veteran's low back disability and abdominal scar are both found to be related to his military service, leading to a grant of service connection for these conditions.

The RO granted the veteran's claims for service-connected disabilities, including left knee arthritis and left ankle arthritis, but did not grant any higher ratings. The effective date of these decisions is March 1, 2003.

The VA has remanded the case for a new examination to assess the veteran's left foot scars, which are currently rated as noncompensable. The appeal is pending further action.

The Board denied the veteran's claims for higher initial and subsequent ratings for his facial scar, as well as his attempts to reopen his claims for hand dermatitis and eczema. The veteran was not granted any new or increased disability ratings.

The Board has determined that further development is needed regarding the veteran's claim for TDIU due to his service-connected disabilities. The case is REMANDED for a supplemental VA medical opinion and review of the claims file.

The veteran's service-connected halo scars, cervical spine fracture, and left upper extremity nerve palsy have been granted initial ratings. The veteran is entitled to a 30 percent rating for his service-connected halo scars on the face and head, a 10 percent rating for residuals of cervical spine fracture, and a 10 percent rating for left upper extremity nerve palsy.

The veteran's PTSD was rated as 50 percent disabling from January 31, 2001 to May 5, 2003. The scar residuals were not found to warrant a compensable rating.

The veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to lack of loss of use of extremities, blindness, or anatomical loss of hands.