Scars decisions — 2007

The Board has denied the veteran's claims for service connection for various conditions, including a left knee condition, right knee condition, stomach disorder, bilateral hearing loss, tinnitus, and a left wrist scar. The RO previously denied these claims in September 2002 without reopening them.

The veteran's appeal is being remanded for additional procedural development due to a lack of VCAA notice.

The veteran's muscle injury and postoperative scar of the right lower leg are currently rated at 10 percent each. The Board found that these conditions do not warrant a higher rating based on current medical evidence.

The Board found no CUE in the January 28, 2003 rating decision and denied both issues. The veteran's service-connected right arm shrapnel scars with retained foreign bodies were rated as a direct result based on the evidence of record at that time.

The veteran's claims for an initial compensable disability evaluation for residuals of a shrapnel wound to the arm, service connection for scars, and service connection for a neck condition are being remanded due to the need for additional development including scheduling VA examinations.

The VA determined that the veteran's service-connected right foot scar does not meet the criteria for a compensable disability evaluation.

The Board has granted increased ratings for the veteran's right knee conditions, including degenerative joint disease of the right knee and status post surgery for torn medial collateral and anterior cruciate ligaments with partial tear of the medical meniscus, right knee. The rating for scar of the right knee remains at 10 percent.

The veteran's service-connected appendectomy scar measures no larger than seven square centimeters (cms). It has not been shown to be either poorly nourished with repeated ulceration, tender or painful on examination, unstable, or deep. The VA examiner found the scar to be superficial, nontender and stable with no limitation of motion. Therefore, a compensable rating is denied.

The Board found that it was not factually ascertainable that the veteran's service-connected disabilities alone precluded his employment prior to October 20, 2004. Therefore, an effective date earlier than October 20, 2004 for the award of a TDIU is denied.

The Board has granted service connection for scarring of the right index finger and scarring of the right middle finger, but denied service connection for residuals of a right little finger injury.

The veteran's nose, upper lip, and left ear scars have each warranted a separate 10 percent rating since August 30, 2002. The left scalp scar has not warranted a compensable rating. The head injury residual scars have warranted a combined 30 percent rating.

The VA denied a rating in excess of 10 percent for the veteran's post-operative scars on his right forearm and wrist, assigning an initial 10 percent rating effective April 10, 2003.

The veteran's scar, residual of a laceration of the right biceps, is rated at 10 percent due to pain and tenderness. The veteran's impotence is rated as noncompensable but may be considered for special monthly compensation. The TDIU claim remains pending.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA psychiatric examination.

The Board has determined that the veteran's service-connected conditions do not warrant a higher disability rating based on the current evidence of record.

The veteran's claims for increased ratings were denied as the evidence did not meet the criteria for higher evaluations.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and readjudicating the issues on appeal.

The Board found the veteran incompetent for VA purposes due to his mental illness and substance abuse.

The veteran's claim for increased evaluations for bilateral Achilles tendonitis and scarring was granted, with the effective date set at January 22, 2001. The rating assigned is 10 percent.

The Board has determined that the veteran's current lower back disability was not incurred or aggravated by service, and therefore denied his claim for service connection.