Scars decisions — 2007

The veteran's claim of service connection for hearing loss in the left ear is denied by operation of law.,The veteran's initial rating claims have been granted, with a 30 percent rating assigned for his right knee disability.

The veteran is entitled to an effective date of December 3, 2002 for the 30 percent evaluation for PTSD and a TDIU rating. The effective dates are based on factual ascertainability.

The Board found that the veteran's postoperative lipoma incision scar of the posterior skull warrants a 10 percent evaluation, and his eczema is rated as noncompensable. The claims for higher evaluations are denied.

The VA denied the veteran's claims for increased evaluations and service connection, finding that the scars did not meet the criteria for a compensable evaluation.

The Board has granted service connection for a surgical scar of the left knee, finding that it was incurred as a result of active duty. The issue regarding a left knee disability other than a surgical scar is still pending.

The Board has remanded the case for compliance with the terms of a joint motion, which requires providing the veteran with a letter explaining the elements necessary to substantiate his claim and what evidence is needed.

The veteran's claim for increased ratings for his service-connected scars and postoperative residuals of hemigastrectomy and vagotomy was denied. The Board found that the criteria for a rating in excess of 10 percent were not met under either the old or new criteria.

The Board has determined that the veteran's service-connected patellofemoral syndrome of the right knee does not warrant a higher disability rating, and her hysterectomy scar does not meet the criteria for a compensable disability rating.

The Board has granted service connection for a scar on the forehead, but denied an initial compensable disability rating.

The Board has determined that the veteran's service-connected left eye corneal scar residuals and iron-deficiency anemia do not warrant initial compensable evaluations.

The veteran's appeal is being remanded to obtain additional information and evidence, including VA examinations for employment issues and records related to his Federal disability retirement. The claims for service connection of various conditions and an increased rating for intervertebral disc disease are also pending.

The veteran's claims for service connection for PTSD, bilateral hearing loss, and the loss of two left fingers were granted. The claim for residuals of a burn on the neck remains pending as there is insufficient evidence to establish exposure or causation.

The Board denied the appellant's claim of entitlement to service connection for the cause of the decedent's death due to lack of new and material evidence. The appellant submitted written statements, but they were found to be cumulative and did not raise a reasonable possibility of substantiating the claim.

The Board denied the veteran's claims for increased evaluations for his shell fragment wounds (SFW) residuals, finding no evidence of moderately severe muscle disability under either the old or new rating criteria.

The Board has determined that the veteran's claims for service connection for chronic post-traumatic stress disorder, hypertension, body scars (secondary to service-connected lumbosacral strain with herniated nucleus pulposus, status post hemilaminectomy), and arthritis (claimed as secondary) have been denied. The evidence submitted does not meet the standard for constituting new or material evidence.

The Board has determined that service connection is not warranted for PTSD, arthritis of the right hand, hypertension, bilateral shoulder disability, bilateral knee disability, or left ankle disability.,An additional VA examination may be necessary to address the etiology of the veteran's hypertension.

The Board has granted a 10 percent disability rating for the veteran's pterygium of the left eye with a probable corneal scar, effective from the date of the decision.

The veteran's claims for compensation under 38 U.S.C.A. ¶ 1151 and service connection are remanded due to incomplete medical records and the need for a VA examination.

The Board has determined that further evidentiary development is necessary with regard to the veteran's claims for increased disability ratings for his service-connected left wrist fracture and donor site on left upper tibia. The case is REMANDED for additional VA examinations, consideration of extraschedular evaluations, and obtaining outstanding medical records.

The Board denied the veteran's claim for an extraschedular evaluation for his service-connected scar on the sole of his left foot, finding that there was no evidence of exceptional circumstances warranting such a rating.