Scars decisions — 2007

The veteran's claims for service connection and increased ratings are denied. The VA examinations will be scheduled to address his hypertension, right knee disability, and bilateral foot disorder.

The Board denied an initial compensable evaluation for the veteran's residual scars of a stab wound injury and status post closed-tube thoracostomy, finding that his disability did not warrant such a rating under either the previous or revised criteria governing skin disabilities.

The VA denied the veteran's claim for an increased rating for his service-connected pilonidal cyst, currently rated at 10 percent. The Board found that the evidence did not support a higher rating as the disability does not meet the criteria for a higher evaluation under any applicable diagnostic code.

The Board has determined that the veteran is entitled to a total rating for compensation purposes based on individual unemployability due to service-connected disabilities, effective May 27, 1997.

The Board has remanded the case for further development, including obtaining medical records and seeking a new VA medical opinion regarding whether the veteran's service-connected disabilities contributed to his death.

The Board has denied the veteran's claims for a compensable rating for burn scars, service connection for lumbosacral disability, and service connection for left knee disability.

The veteran's appeal is being remanded for additional development, including a VA examination and proper notice under the VCAA. The case will be returned to the Board after completion of these actions.

The Board finds that the veteran's service-connected disabilities prevent him from being able to dress himself or avoid daily hazards without assistance, meeting the criteria for SMC based on need for regular aid and attendance.

The veteran's appeal for service connection for chloracne and scarring, including as due to herbicide exposure is being remanded due to scheduling issues. The case will be returned to the RO for further action.

The veteran's right shoulder disability, characterized by recurrent dislocation and guarding of arm movements, is rated at 30 percent. His right knee disability, with slight subluxation and painful motion, is rated at 10 percent. A separate 10 percent evaluation for the right knee disability under Diagnostic Code 5261 has also been granted. The effective date for service connection of a scar on the right shoulder was established as October 9, 2003.

The veteran's claims for residuals of a laceration of the right index finger, shin splints, and seasonal allergic rhinitis were denied. The claim for postoperative scar of the left knee was also denied.

The Board denied the veteran's claims for increased ratings for his right ankle disability and donor site scar, as well as his claim for TDIU due to service-connected disabilities. The right ankle disability is currently rated as 20 percent disabling, while the donor site scar has no compensable rating.

The veteran's claim for increased ratings for burn scars of the left lower leg, scars on head, face and ears, scars of right hand, scars of left hand, and PTSD is being remanded due to insufficient evidence. Additional records are needed from the VA Vet Center in Norwich and a new examination is required.

The Board has granted a 10 percent rating for cicatrix scar of the scalp, denied increased ratings for residuals of fracture to the right second rib and gunshot wound to muscle group XVII of the right buttock, and found no evidence of active malaria. The veteran's current symptoms are limited to occasional fatigue and fever blisters.

The veteran's appeal is remanded for additional examinations and to consider whether separate ratings are warranted for her surgical scars.

The veteran's initial compensable rating for a scar of the right knee is denied as his current disability does not meet the criteria for any higher rating under VA's Schedule for Rating Disabilities.

The veteran died in May 2005 due to congestive heart failure. At the time of his death, he had two service-connected disabilities: bilateral hearing loss rated at 100% and scars on the eardrums secondary to surgery for otosclerosis with symptoms of vertigo and tinnitus rated at 10%. The veteran did not have total disability for a period of ten or more years immediately preceding his death, nor did he have total disability for at least five years from the date of his separation from service. Therefore, DIC benefits pursuant to 38 U.S.C.A. § 1318 are denied.

The Board has determined that the veteran's current respiratory disorder, identified as chronic bronchitis with areas of scarring and bronchiectasis with recurrent bronchiatic infections, is etiologically related to his in-service respiratory problems. The claim for service connection for allergic rhinitis and sinusitis remains pending.

The veteran's compensation benefits awarded under 38 U.S.C.A. § 1151 are subject to offset in the amount of $500,000 against his FTCA settlement award.

The Board has determined that additional development is needed to address the veteran's claims for service connection, including obtaining medical records and conducting examinations. The case will be returned to the Board after this additional development.