Scars decisions — 2007

The veteran's burn scar residuals of the forearms, chest, back, abdomen, thighs and legs have been rated as 30 percent disabling. The September 2004 VA examination revealed that these scars exceed 144 square inches (929 square centimeters), warranting a 40 percent rating.

The veteran's histoplasmosis is inactive and asymptomatic, warranting a noncompensable evaluation. Service connection for swelling and pain of the feet due to an undiagnosed illness is granted.

The Board has remanded the case for further development, including scheduling a VA examination and obtaining additional medical records. The veteran's claim for an increased rating remains pending.

The veteran's claims for increased evaluations for his service-connected amebic lung abscess, amebic liver disease, and thoracotomy scar were denied as the evidence did not meet the criteria for higher ratings under applicable VA rating criteria.

The Board found that the veteran's skin disease with secondary scarring, to include chloracne, was not incurred in or aggravated by active service and could not be presumed to have been incurred therein as a result of exposure to herbicide agents.

The veteran's service-connected post-operative exostosis of the right heel and post-operative scar, right heel, were granted a 10% disability rating effective March 20, 2007. The issue of entitlement to an earlier effective date for the award of service connection for post-operative scar is addressed in the REMAND portion.

The Board granted a 30 percent rating for the veteran's right ankle disability, effective April 8, 2003. A separate 10 percent rating was also granted for the associated scar.

The Board has determined that the veteran's service-connected residual left thumb scar warrants a 20 percent disability rating, effective August 12, 2004.

The veteran's claims for increased ratings were denied. The RO granted initial 10 percent disability ratings for residual scar, right elbow injury with bone spur, and left elbow injury with bone spur based on the criteria for limitation of motion due to benign new growths (Diagnostic Code 5015). No compensable rating was assigned for hypertension.

The Board denied the veteran's claims for a compensable rating for his service-connected SFW scar in the left biceps, as well as his claims for hearing loss and impotence secondary to PTSD. The medical evidence did not support these claims.

The VA has denied an increased rating for the veteran's service-connected post-operative status, thoracotomy repair spontaneous pneumothorax with impairment right 6th intercostal nerve, with scars as his pulmonary function testing results fall within the 10 percent schedular criteria.

The veteran's claims for increased ratings and service connection are being remanded due to the need for additional medical examinations, as well as issuance of a supplemental statement of the case (SSOC) on his service connection issues.

The Board found no medical evidence linking the veteran's current eye conditions to his military service, and thus denied both claims for service connection.

The Board is remanding the veteran's claims for service connection and rating issues due to incomplete development, including a need for additional medical examination and consideration of the veteran's lay assertions regarding his symptoms. The case will be returned to the Board after further development.

The veteran's claim to reopen his prior denied claim of service connection for bipolar disorder was not supported by new and material evidence, and the claim is therefore denied.

The veteran's claim for special monthly compensation based on the need for aid and attendance of another person or by reason of being housebound is remanded due to a lack of an examination, inadequate VCAA notice, and other procedural issues.

The Board denied a rating in excess of 40 percent for the service-connected arthrotomy scar of the right knee, status post partial lateral meniscectomy with traumatic arthritis.

The veteran's appeal has been withdrawn, and the claims for increased disability ratings have been dismissed.

The Board denied the veteran's claim for an earlier effective date for a TDIU, finding that there was no formal or informal claim for a TDIU prior to February 8, 2002. The only service-connected disability at that time was a scar on the left thigh rated 10 percent.

The Board has granted initial compensable evaluations of 10 percent for residuals of a right inguinal hernia and residuals of a left eye injury, finding that the veteran's symptoms warrant these ratings.