Scars decisions — 2007

The veteran's death was due to sepsis, and he had a long history of psychiatric symptoms. The RO's November 4, 1986 decision failed to assign a 100% rating as of July 1, 1986, which the Board found to be clear and unmistakable error. As a result, the veteran was continuously rated totally disabling for more than 10 years prior to his death, meeting the criteria for DIC under 38 U.S.C.A. § 1318.

The veteran's left eyebrow revision scar was evaluated as noncompensable from July 20, 2000 to November 23, 2004 and a 10 percent evaluation was granted effective November 24, 2004. The appeal is denied for evaluations in excess of these ratings.

The veteran's service-connected disabilities, including bilateral hearing loss, tinnitus, vertigo, fracture of the right wrist with secondary neuropathy, residuals of a fractured left mandible and maxilla with temporomandibular joint dysfunction, and facial scars, do not meet the criteria for higher disability ratings. The combined rating is 80 percent.

The veteran's claims for increased evaluations for residual scars of a gunshot wound to the left thigh and post-traumatic peripheral neuropathy of the left femoral cutaneous nerve were denied as there is no evidence that meets the criteria for a rating in excess of 10 percent.

The veteran's claims for a compensable rating for his left elbow scars, reopening of PTSD and hearing loss with tinnitus service connection claims were denied. The Board found that the evidence did not raise a reasonable possibility of substantiating the claims.

The veteran's claims for increased ratings for scarred eardrums, bilateral hearing loss, and bilateral tinnitus have been denied as there is no legal basis to assign higher disability ratings under the applicable VA rating criteria.

The veteran's service-connected scars of the right upper thigh and left lower thigh and knee have been rated at 10 percent disabling. The VA has determined that these conditions do not warrant a higher rating based on current evidence.

The veteran's service-connected disabilities result in him being substantially confined to his dwelling or immediate premises and he requires the care or assistance of another person on a regular basis to protect himself from the hazards or dangers incident to his daily environment. The Board has determined that there is at least a reasonable doubt as to whether the veteran's service connected disabilities render him so disabled as to require the aid and attendance of another person, thus granting special monthly compensation based on the need for aid and attendance.

The Board has determined that the veteran's service-connected laceration scar on the ulnar aspect of the right index finger does not meet the criteria for a compensable evaluation under any applicable diagnostic codes.

The Board has determined that the veteran's residuals of a laceration of the left forearm with scar, and impairment of the left radial and ulnar nerves do not meet or approximate the criteria for a higher rating as they are currently evaluated at 40 percent.

The Board denied the veteran's claims for a disability rating greater than 30 percent for his left ankle condition and TDIU on schedular basis only. The case was remanded to consider extra-schedular evaluation, but no such evaluation was granted.

The veteran's claims for increased rating, reopening of a hearing loss claim, and service connection for left hip arthritis and knee arthritis were denied. The Board found no evidence to support the veteran's assertions that his current conditions are related to his military service.

The veteran's disabilities are rated at 80 percent, and the appellant seeks an increased special apportionment of his VA disability income. The Board denied the claim as awarding a special apportionment in excess of $250.00 per month would cause undue hardship to the veteran.

The veteran's claim for service connection for migraine headaches was granted. The veteran received a compensable evaluation (10%) for her scars, status post breast reduction. She also received an increased initial evaluation of 10% for chondromalacia patella in the left knee and a 10% evaluation from February 25, 2005 onwards for chondromalacia patella in the right knee.

The veteran's claims for increased ratings and service connection are being remanded due to the need for additional medical records, VCAA compliance, and further development.

The Board has determined that the veteran does not meet the criteria for service connection for tinnitus, a skin disorder, or PTSD. The claims are being remanded to allow further development.

The Board finds that the unauthorized medical services provided on December 24, 2003, constituted a medical emergency of such nature that delay would have been hazardous to life or health. Therefore, the criteria for payment or reimbursement are met.

The Board has granted service connection for a left knee disorder and a rash of the right arm with scar as a result of mustard gas exposure. The veteran's bilateral hearing loss is not addressed in this decision.

The VA denied the veteran's claims for increased evaluations of his scars on the right elbow, finding that they did not meet the criteria for higher ratings under the applicable rating criteria.

The Board has vacated its previous decision and will consider the issues de novo. The veteran's request for an increased evaluation for a transverse scar of the right olecranon process was denied, while he received a compensable evaluation (10%) for his round scar of the same area.