Scars decisions — 2008

The veteran's appeal is being remanded due to the need for a detailed VA examination of his second degree burn scars from his right shoulder to his right thigh. The RO will schedule another examination and consider the results in determining an appropriate disability rating.

The veteran's service-connected scars and sensory neuropathy have been rated as noncompensable, but the Board finds that a higher rating is not warranted.,Service connection for residuals of left tympanic membrane perforation and residuals of left eye trauma are denied.

The Board denied the veteran's claims for earlier effective dates for a 30 percent rating for facial scars and for service connection of residuals of nasal fractures, finding that no factual ascertainability existed prior to October 31, 2005.,The RO granted service connection for nasal fractures on June 2006 but assigned an effective date of October 31, 2005, based on the veteran's claim for increased rating for facial scars.

The Board found that the veteran does not have any residuals of burn scars on his right hand and denied the claim for service connection.

The veteran's service connection claim for headaches was denied, as there is no credible evidence of a current headache disorder. The total disability rating based on individual unemployability claim was also denied due to the lack of evidence linking his service-connected disabilities to his inability to secure or follow a substantially gainful occupation.

The veteran's claim for a compensable evaluation for scars on the right malar bone and lower lip is being remanded to allow scheduling of a videoconference hearing.

The Board denied a higher initial evaluation for facial scarring, finding that the evidence did not meet the criteria for an increased rating under any applicable diagnostic codes.

The veteran's service-connected conditions, including migraine headaches, sleep apnea, and knee/shoulder disabilities, render him unemployable. The Board has granted a TDIU based on these conditions.

The Board denied the veteran's claims for service connection for bilateral hearing loss and an initial compensable rating for his appendectomy scar, finding no new and material evidence to reopen the hearing loss claim and denying a compensable rating for the scar.

The case is being remanded for further development of the veteran's claims, including verification of his claimed stressors and a VA examination to determine if he has PTSD related to a verified in-service stressor.

The veteran's scarring of the forehead was initially granted a noncompensable evaluation, and later upgraded to a 10 percent disability rating effective June 4, 2008. The current evaluation is within the range allowed by the criteria for superficial scars.

The Board denied service connection for PTSD due to the lack of a current diagnosis and credible supporting evidence of an in-service stressor.,For bilateral pes planus, the veteran's disability is not rated higher than 10 percent as there is no objective evidence of severe flatfoot with marked deformity or swelling on use.

The veteran's claim for an initial rating in excess of 10 percent for his service-connected MRSA infection of the right wrist with dermatitis and scarring is being remanded due to the need for additional medical records and a VA examination.

The Board has determined that the evidence received since the July 1993 rating decision is not new and material, and thus the veteran's claims for service connection for a head injury and fever have been denied.

The Board determined that an effective date earlier than October 3, 2001 for the grant of a 10 percent disability rating for the veteran's scar, abscess of the back is not warranted.

The VA determined that the veteran's bilateral hearing loss and tinnitus were not incurred in or aggravated by active military service.,The VA also found no evidence of a current disability for VA purposes regarding right arm injury with residual scar, thus denying entitlement to a compensable evaluation.

The veteran's appeal is being remanded for proper VCAA notice regarding increased disability ratings.

The Board found that the veteran's pre-existing lung scarring existed prior to his active service and was not aggravated during service. As such, the claim for service connection is granted.

The Board has determined that the veteran does not have a current disability of bilateral hearing loss or residuals of burns to the abdomen and groin, and therefore service connection for these conditions is denied.

The veteran is granted earlier effective dates of October 26, 1984 for the award of a 60 percent rating for service-connected pulmonary tuberculosis with chronic obstructive pulmonary disease and for service connection for a thoracotomy scar.