Scars decisions — 2007

The Board found that the veteran's income as a county commissioner exceeded the poverty threshold and thus constituted substantially gainful employment, leading to termination of his TDIU rating.

The VA determined that the veteran's left eyebrow scar warranted a 10 percent rating effective August 24, 2005.

The veteran's service-connected limitation of motion of the left index finger with a residual scar is not rated higher than noncompensable prior to July 24, 2006 and does not meet criteria for a rating in excess of 10 percent beginning July 24, 2006.

The veteran's claim for TDIU is being remanded due to the need for additional development, including a VA examination to assess his employability.

The Board denied an increased rating for neuralgia, right side of face and granted a separate 10 percent evaluation for the right supraorbital scar. The veteran's service-connected disability is rated as direct.

The veteran's service-connected shrapnel wounds of the left foot and scarring of the left ankle are each granted a 10% evaluation. The veteran is also granted a compensable evaluation for his service-connected residuals of shrapnel wounds of the back.

The veteran's claim for a rating in excess of 10 percent for his left wrist ganglion cyst removal residual scar was denied. The Board found that the current 10 percent rating adequately reflects the functional limitations and non-deep nature of the scar.

The Board denied a compensable initial rating for the veteran's muscle and nerve injuries of the right thigh resulting from his in-service shell fragment wound. The veteran was awarded separate noncompensable ratings.

The Board denied the veteran's claims for an initial compensable evaluation for dyshidrotic eczematous dermatitis of the hands and service connection for scars due to dermatitis, finding that there was no evidence of current disability or scarring related to these conditions.

The Board denied an initial, compensable rating for residual scars from a GSW to the right arm and back due to lack of evidence showing any functional limitation or pain.

The Board has granted service connection for the loss of a tooth in service and denied service connection for residuals of neck fracture and post-service miscarriage.

The Board has determined that the veteran's scar of the left foot does not meet the criteria for a higher evaluation and concludes that his claim is denied under the diagnostic codes in effect prior to or after August 30, 2002.

The Board has denied a rating in excess of 10 percent for the service-connected surgical scar, residual of intermaxillary fixation for left ramus fracture.

The Board granted a rating of 30 percent for the service-connected residuals of macular scarring of the right eye, effective from February 1, 2000. The veteran's claim for TDIU based on service-connected disability is also considered granted.

The veteran's claims for service connection and increased rating are being remanded due to the need for additional development, including scheduling a video-conference hearing.

The Board has determined that the veteran's right middle finger disability and left buttock scar do not warrant a compensable rating under VA's schedular criteria.

The veteran is unable to secure and maintain substantially gainful employment due to the severity of his service-connected disabilities, including PTSD and chronic pain.

The veteran's TDIU rating and basic eligibility for DEA benefits under Chapter 35 were granted effective January 7, 2002. The Board denied earlier effective dates.

The veteran's claims for higher ratings for residuals of gunshot wounds to the intrinsic muscles of his left hand and scars on various parts of his body have been granted, with a rating of 10 percent assigned. The decision also notes that separate compensable ratings have been awarded for scars on the left shoulder, costal area, and index finger.

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