Scars decisions — 2007

The Board found that the appellant's pre-existing scar of the right arm was not aggravated during service and denied his claims for service connection for various conditions.

The Board has remanded the case for additional development due to errors in notification under the VCAA. The veteran's claim of entitlement to an increased disability rating for residuals of a left femur fracture, including scars, is being reconsidered.

The veteran's service-connected disabilities, including PTSD and lower back shrapnel fragments, render him unable to secure or follow a substantially gainful occupation.

The Board has denied the veteran's claim for an increased disability evaluation for a scar as a residual of a laceration of the right knee, finding that the evidence does not meet any criterion for a compensable evaluation under either the old or new criteria.

The Board has granted an initial compensable rating of 10 percent for the veteran's service-connected left buttock scar, finding that the symptoms and findings more closely approximate the next higher disability evaluation.

The veteran's claim for service connection for PTSD was denied due to lack of verified combat experience. The request for an increased evaluation for superficial scars on the left hand and seeking an earlier effective date were also denied. The claim regarding reopening a scar claim on the right hand dorsal aspect did not proceed as it is pending.

The veteran's service-connected disabilities do not render him in need of regular aid and attendance or confine him to his home, thus he does not meet the criteria for special monthly compensation on account of being housebound or needing aid and attendance.

The Board denied the veteran's claim for service connection for residuals of a right hand and wrist injury, finding that new and material evidence had not been submitted to reopen the previously denied claim.

The veteran's appeal is being remanded for further evaluation of the residuals of gunshot and shell fragment wounds, including any underlying muscle injuries. The case will be re-adjudicated with consideration given to whether separate ratings should be assigned for the back pain and right lower extremity pain.

The veteran's right eye degeneration of the retina (Coat's disease) with a macular scar is currently rated at 30 percent, which is the maximum schedular amount available for blindness in one eye. The veteran does not meet the criteria for higher ratings due to his nonservice-connected left eye having normal vision.

The veteran's service-connected disabilities have caused the loss of use of his legs and feet, necessitating aid and attendance by another person. The veteran also requires financial assistance for adaptive equipment due to his service-connected conditions.

The Board has remanded the case for additional development due to a failure to provide proper VCAA notice.

The Board has determined that the veteran's service-connected defective vision in the right eye and residuals of corneal scar from right eye trauma do not warrant an increased rating beyond the current 10 percent evaluations.

The Board has determined that the veteran does not have a left knee condition, and his left great toe contracture is not moderately severe. The residuals of a scar on the left foot do not cover an area exceeding 12 square inches or result in marked limitation of motion or ankylosis.

The veteran does not meet the basic eligibility requirements for assistance in acquiring specially adaptive housing due to his combined evaluation of 90 percent and lack of objectively demonstrated loss or use of either lower extremity.

The Board denied the veteran's claims for service connection for right eye retinal detachment with macular scarring and schizoaffective disorder, finding that there was no clear and unmistakable evidence of preexisting conditions in both periods of service. The Board also found that the disorders were not related to service.

The Board denied increased ratings for filariasis, residuals of cholecystectomy, and appendectomy scar.,The veteran's filariasis was not found to be an active disease process.

The Board has granted a 30 percent evaluation for the veteran's service-connected shell fragment wound scar of the face, effective from December 29, 2006.

The veteran's service-connected disabilities are not of such severity as to preclude substantially gainful employment, and therefore his claim for a total disability rating based on individual unemployability is denied.

The veteran's claims for service connection were granted with effective dates of April 8, 1995.