Scars decisions — 2007

The Board has denied the veteran's claims for service connection for asbestosis, low back disability, prostate disability, residuals of burn scars on the back and left arm, status post fracture of distal phalanx of the left great toe, and a compensable evaluation for bilateral hearing loss and tinea pedis. The issues of increased ratings for hypertension and service connection for residuals of a left ankle injury are remanded.

The VA has denied the veteran's claim for an increased evaluation of his service-connected scar, which is currently rated at 10 percent. The scar is tender and painful but does not involve an exposed area or result in significant additional limitation of function.

The Board has determined that the veteran's service-connected disabilities do not preclude him from obtaining and retaining all forms of substantially gainful employment consistent with his education and work experience.

The Board has granted service connection for the cause of the veteran's death and dismissed the DIC under 38 U.S.C. § 1318 claim as moot.

The Board has determined that the veteran's current right arm above-the-elbow scar and left gastrocnemius disability are not related to his active service. The evidence does not support a finding of service connection for these conditions.

The veteran's service-connected low back disorder is productive of not more than slight impairment with limitation of motion, no ankylosis, and no sciatic nerve involvement or other neurological component objectively shown. The skin disability has been recharacterized as eczema with residual skin discoloration and tinea pedis but remains noncompensable.

The Board has remanded the case for additional development due to complaints of worsening symptoms and the need for updated VA treatment records.

The veteran's service-connected conditions are rated at the maximum available rating of 20 percent for his gunshot wound residuals and 10 percent for his scars. The claims for higher ratings were denied as there is no evidence to support a higher rating based on the current medical findings.

The veteran's unauthorized medical expenses incurred on April 17 and 18, 2006 are approved due to the emergency nature of his condition and the unavailability of VA facilities.

The Board has ordered the VA to obtain all relevant medical records, including those from the veteran's VA outpatient clinics and private doctors. The case will be remanded for further development.

The VA denied a compensable rating for the veteran's right iliac crest scar, finding no evidence of deep scars, instability, or limitation of motion. The claim was based on direct service connection.

The Board has denied the veteran's petitions to reopen his claims for service connection for various conditions, including hypertension, cervical sprain, appendectomy scar, degenerative changes of the lumbar spine (now termed), tinnitus, bilateral hearing loss, and anxiety reaction. The RO previously denied these petitions in April 1997 and April 2002 without reopening them.

The Board has reopened the veteran's claim for service connection due to new evidence submitted, but finds that his current lung damage is not related to his military service.

The veteran's claim for an initial rating higher than 40 percent for residuals of a ventral herniorrhaphy is being remanded due to procedural issues. The issue of service connection for a scar as a residual of surgery for colon cancer remains unresolved and requires further examination.

The veteran's appeal involves multiple issues including special monthly compensation, increased ratings for various conditions, service connection claims, and reopening of a claim. The case is being remanded to the RO for further action.

The Board found no clear and unmistakable error in the January 1971 rating decision that granted service connection for residuals of a right leg fracture and assigned a 20 percent disability rating, as well as not assigning a separate compensable evaluation for scars on the right lower extremity. The RO considered all relevant evidence including the VA examination report.

The Board has determined that the veteran's pilonidal scar and right hand scars do not meet the criteria for a compensable rating under VA disability evaluation guidelines.

The veteran's claim for a compensable rating for bilateral apical scarring of the lungs is being remanded due to the need for additional development, including a pulmonary function test.

The veteran's asthma is rated at 10 percent, and her lumpectomy scars are not compensable. The decision grants the rating for asthma but denies compensation for the scars.

The veteran's appeal is being remanded for additional development, including obtaining treatment records and scheduling VA examinations. The issues of service connection and increased rating are pending.