Scars decisions — 2008

The veteran's claim for service connection for residuals of shrapnel wounds affecting the right hand and wrist, as well as leg scars, is being remanded due to a lack of proper notification for an examination. The RO must ensure all necessary development has been completed before further adjudication.

The VA denied the veteran's claims for a rating in excess of 10 percent for his healed scar, residual of lacerated wound and TDIU. The VA found that the scar did not meet criteria for a higher rating based on its size or impact on function.

The veteran's claims for increased ratings for PTSD and his service-connected scars were denied. The RO assigned a 70 percent evaluation for PTSD effective September 13, 2006, and separate 10 percent evaluations for the scars of each foot, thigh, right elbow, and right buttock.

The Board has remanded the case for additional development due to inadequate notice provided to the appellant.

The Board denied the veteran's claims for service connection for residuals of a head trauma, brain scar, seizures, optic neuritis, neuropathy of bilateral hands and feet, restless leg syndrome, multiple sclerosis, and fibromyalgia as there was no competent medical evidence supporting these conditions or their relationship to her active duty.

The Board denied the veteran's claims for service connection for left wrist scars, residuals of an appendectomy, and a psychiatric disorder due to lack of evidence linking these conditions to his military service.

The Board denied the veteran's claims for service connection for residuals of a fracture of the right index finger and an initial rating in excess of 10 percent for his umbilical hernia repair scar. The veteran does not have diagnosed residuals of a fracture of the right index finger, and the VA examiner found no evidence of such condition during or after service. For the umbilical hernia repair scar, the Board noted that it is currently rated as 10 percent disabling but did not find sufficient evidence to warrant an increased rating.

The Board denied the veteran's claims for service connection for diabetes mellitus type II and colon cancer, both claimed as due to Agent Orange exposure. The claim for an increased evaluation of retinal scar of left eye with heavy traction bands was remanded.

The Board has remanded the veteran's claims due to missing service records and requests for a VA examination.

The veteran's service-connected disabilities, while disabling, do not preclude him from engaging in substantially gainful employment consistent with his education and occupational experience.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a neurological examination of the left arm.

The Board denied the veteran's claim for a compensable disability rating for his service-connected scar, residual of right testicular cyst surgery.

The veteran's claims for increased ratings and service connection were denied. The denial of the increased rating claims is based on the lack of evidence showing any painful or tender scars, while the denial of service connection was due to a lack of evidence linking the claimed conditions to his military service.

The veteran's claim for reimbursement of unauthorized medical expenses incurred at Roswell Park Cancer Institute on March 31, 2006 is denied as the visit was not for a service-connected disability or an aggravating nonservice-connected condition.

The veteran's generalized anxiety disorder is currently rated at 50 percent, and the Board finds that a higher rating is not warranted. The TDIU claim remains denied as well.

The Board has remanded the case for additional development, including obtaining in-service treatment records and scheduling a VA Traumatic Brain Injury examination.

The veteran's combined rating for service-connected disabilities is 60%, which does not meet the criteria for a total disability rating based on individual unemployability (TDIU). The Board finds that the evidence does not support a finding of unemployability due to his service-connected conditions.

The veteran's service-connected disabilities do not meet the criteria for specially adapted housing due to anatomical loss or use of limbs, nor does he have blindness in both eyes with only light perception and one lower extremity loss.

The Board found that the veteran's appendectomy scar did not warrant a compensable evaluation prior to March 3, 2005.

The Board denied the veteran's claims for service connection for epidermoid carcinoma of the base of the tongue, scar tissue around neck artery and residuals of a stroke as secondary to treatment for cancer of the base of the tongue, respiratory disorder including COPD, and heart disorder including pacemaker implantation and hypertension. The evidence did not establish that these conditions were related to service or herbicide exposure.