Scars decisions — 2007

The Board has granted service connection for degenerative disc disease of the lumbar spine and a compensable evaluation for pilonidal cystectomy scar. The issues regarding nerve damage due to spinal block, bilateral leg disability, and the compensable evaluation for pilonidal cystectomy scar are remanded.

The veteran's claims for disability benefits under 38 U.S.C.A. § 1151 are being remanded due to the need for additional development, including obtaining records of VA treatment and providing a medical opinion.

The Board has determined that the veteran requires regular personal care assistance from another person due to his service-connected disabilities, and therefore grants special monthly compensation based on the need for aid and attendance. The issue of service connection for a low back disability is dismissed as the veteran withdrew his appeal.

The veteran's service-connected allergic rhinitis has not met the criteria for a compensable evaluation from September 1, 1993.,From September 1, 1993 to September 16, 1996, the residuals of the right ankle fracture did not meet the criteria for any specific rating. From September 17, 1996 to October 7, 1998, a 10 percent evaluation was assigned based on moderate limitation of motion.,From October 8, 1998 onwards, the residuals of the right ankle fracture did not meet the criteria for any specific rating. From August 24, 2006 onwards, no specific rating has been met.,The veteran's service-connected right and left knee disabilities have not met the criteria for a rating in excess of 10 percent from September 1, 1993.

The Board has determined that there is no competent medical evidence showing a current diagnosis or relationship between the veteran's right knee and left ankle disorders and his service-connected traumatic arthritis of the left knee. Therefore, the claims for service connection are denied.

The veteran's appeal has been withdrawn, and the case is dismissed.

The veteran's claims for increased ratings and service connection were denied. The noncompensable disability rating for left ear hearing loss is upheld, as the evidence does not indicate a more severe impairment than what was previously established. The scar on the left index finger also warrants a noncompensable rating due to its superficial nature and lack of significant functional impact. Service connection for numbness of three fingers on the left hand cannot be granted as there is no competent medical evidence indicating such a condition.

The Board has granted service connection for a left face scar and degenerative joint disease of the left shoulder, finding that these conditions are related to the veteran's military service.

The Board has determined that the veteran's claimed conditions, including a stomach disability, right knee disability, right knee scar, acquired psychiatric disorder (depression), and bilateral foot disability, were not incurred or aggravated by his active service. The evidence does not establish continuity of symptomatology after discharge for these conditions.

The veteran's service connection claims for residuals of a Cesarian section (C-section), recurrent sinusitis, recurrent rhinitis, lumbar strain, and hypertension have been granted.

The Board has determined that the veteran did not timely appeal several issues, including those related to service connection for various orthopedic and neurological conditions. The effective dates of service connection for optic atrophy and hearing loss due to neuro-syphilis remain May 12, 1993.

The Board has remanded the case for additional development, including obtaining SSA records and VA treatment records from the Sierra Nevada healthcare system. The veteran is also to be examined for hearing loss and tinnitus.

The veteran has withdrawn her appeals for the increased ratings claims related to favorable ankylosis of the lumbar spine, patellofemoral syndrome of the left knee with osteoarthritis, patellofemoral syndrome of the right knee, and residual scars of the lumbar spine.

The Board has granted a 30 percent rating for the veteran's service-connected asbestosis with lung scarring and obstruction, effective from when the claim was received in January 2004.

The veteran's service-connected disabilities, including PTSD, bilateral high frequency hearing loss, acne scars, tinnitus, and a shell fragment wound of the left calf, are found to be so severe that they prevent him from securing or following substantially gainful employment.

The veteran's appeal was dismissed due to his death, and the claim for an earlier effective date for service connection is moot.

The VA denied the veteran's claim for a total disability evaluation based on individual unemployability due to service-connected disabilities, finding that his conditions do not render him unable to secure or follow substantially gainful employment.

The Board has remanded the case to the RO for further proceedings, including scheduling a VA examination and requesting clarification of the veteran's employment history. The veteran is unemployable due to his service-connected disabilities as a whole.

The VA denied higher ratings for service-connected shell fragment wound scars of the left shoulder and right shoulder, finding that the current symptoms are not due to in-service injuries but rather glenohumeral arthritis.

The Board has determined that the veteran's service-connected left leg burn scars do not warrant a compensable rating, and his peripheral neuropathy of the left and right legs are not secondary to these conditions. Therefore, the claims for increased ratings and service connection have been denied.