Scars decisions — 2007

The veteran's claims for service connection and increase rating have been granted. The low back disability, shrapnel wound scar of the left ear, and depressed shrapnel wound scar on the forehead are all found to be related to service.

The Board has determined that the veteran's herniated abdomen with scarring and prostate condition are service-connected under a direct theory of entitlement, as there is no evidence suggesting a connection to any specific exposure or presumption. The veteran's claims for compensation under 38 U.S.C. § 1151 have been granted.

The veteran's claims for increased disability ratings were denied. The Board found that the residuals of a shell fragment wound to the left arm did not meet the criteria for a higher rating, and the scar on the left forearm was not productive of significant functional loss or impairment.

The veteran's service-connected disabilities, including plantar calluses with hallux valgus and arthritis of the metatarsophalangeal joints of both feet, tinnitus, bilateral hearing loss, and a scar of the right thigh, do not preclude him from securing or following substantially gainful employment.

The Board found no evidence of a head injury in service resulting in any residual disability, and thus denied the veteran's claim for service connection.

The Board denied service connection for osteoarthritis of the right shoulder and acne with actinic keratosis and scars, including as due to Agent Orange exposure. The evidence did not support a finding that these conditions were incurred in or aggravated by military service.

The veteran is granted separate compensable ratings for two gunshot wound scars of the axilla, and a 10 percent rating for a scar on the lateral aspect of the left upper arm. The veteran's hypertension, weakness of the left median nerve, and muscle injury residuals are not service connected.,The veteran does not meet the criteria for increased evaluations for his service-connected conditions.

The veteran's appeal of the denial of a higher initial disability rating for left knee scar, currently evaluated as 10 percent disabling, has been withdrawn. The remaining issues involving entitlement to higher ratings for his service-connected left knee post-traumatic degenerative joint disease are remanded for further development.

The Board has determined that service connection for residual burn scars of the face and arms is not warranted due to lack of evidence of current disability.

The veteran's service medical records show he sustained a laceration to his right hand in October 1952. After separation from military service, he was granted service connection for scars as a residual of the lacerations to his right hand. The RO is remanding the case due to new evidence indicating complaints of a right hand disorder other than scars prior to February 2002.

The veteran's claims for increased ratings for his service-connected right femur disability and right knee scar are being remanded to the RO for additional development.

The Board denied the veteran's claim for a TDIU, finding that his service-connected disabilities did not preclude all forms of substantially gainful employment.

The Board denied the veteran's claims for increased ratings for his scars and service connection for a bilateral knee disorder, finding no evidence of current disabilities.

The veteran's initial ratings for asthmatic bronchitis, low back strain, residuals of head trauma (manifested by a tender scar and headaches), fracture of the right fifth metacarpal, and tinea pedis with bilateral onychomycosis have been denied.,No specific rating has been assigned for sinusitis.

The veteran's combined rating for his service-connected conditions is 70%, but the Board finds that he can still secure and follow a substantially gainful occupation.

The veteran's claim for increased ratings for multiple shell fragment wounds has been denied. The RO continued the initial noncompensable rating for superficial scars of the scrotum, left leg, left thigh and left upper extremity but granted service connection for residuals of shell fragment wounds to the left groin (10%), left lower leg (10%) and both buttocks (noncompensable).

The Board has determined that the veteran's left ankle scar does not meet the criteria for a compensable rating under any applicable diagnostic codes.

The veteran's claims for increased evaluations of his service-connected right knee and PTSD, as well as a compensable evaluation for his laceration scar, were denied. The Board found that the evidence did not support higher ratings based on instability or limitation of motion.

The Board has remanded the case for additional development, including obtaining medical records and conducting VA examinations to evaluate the veteran's hearing loss and service-connected melanoma scar.

The Board has granted a separate compensable rating of 10 percent for the veteran's surgical scar of the right forearm, and denied increased ratings for his service-connected right forearm fracture and right medial nerve disability.