Scars decisions — 2008

The Board denied the veteran's claims for service connection for a cervical spine disorder and increased ratings for post-traumatic headaches and scar over the right eye. The veteran's claim for service connection was not granted, as there is no evidence linking his current condition to his military service. His rating for post-traumatic headaches from March 1, 2001 through June 22, 2006 was increased to 50 percent, and the ratings for scar over the right eye were maintained at 30 percent prior to August 30, 2002 and then reduced to 30 percent from that date.

The Board has remanded the case for further development and consideration, including arranging for VA examinations to assess the veteran's service-connected residuals of shell fragment wound left thigh with scarring and retained foreign bodies. The RO must also adjudicate new claims regarding a separate rating for neurological impairment, an increased rating for service-connected left heel and lower back shell fragment wounds, and an earlier effective date for the 30 percent rating.

The veteran's residuals of a gunshot wound to the left thigh are rated at 30 percent, and his left thigh scars are rated at 10 percent. The Board has determined that these ratings are appropriate based on the severity of the disabilities.

The Board found that the veteran's throat scar sustained on August 26, 1972, was not incurred in the line of duty because it resulted from his own willful misconduct during a fight with civilians while on active service.

The Board has determined that the veteran does not have a current disability manifested by a scar, dorsum laceration of the nose. The claim for service connection for bone spurs causing chronic cervical myelopathy and cord atrophy with lower extremity spasticity is denied as there is no evidence linking this condition to military service.

The Board has granted an effective date of April 19, 2002 for the grant of service connection for scars of the left knee. The claim to reopen for residual scars of breast reduction surgery is also granted.

The Board denied the veteran's claims for service connection for bilateral hearing loss disability and pterygium (claimed as vision loss) due to lack of evidence showing such conditions were incurred or aggravated by military service. The other issues, including those related to knee disabilities, are remanded.

The Board denied the veteran's increased rating claims for alopecia, bunion of the right foot, left knee scar, and right knee arthritis.

The Board denied the veteran's claim for reimbursement of unauthorized medical expenses incurred at a private facility due to lack of prior authorization from VA, and because the treatment was not for an emergency situation.

The Board finds that the veteran is entitled to service connection for scars on his upper extremities, but not for rashes or scars on his lower extremities.

The Board has determined that the veteran's post-traumatic stress disorder was not incurred in or aggravated by active military service, and denied his claim for an initial compensable evaluation for a scar of the left wrist. The noncompensable rating currently assigned remains unchanged.

The Board denied the veteran's claims for higher initial ratings for his service-connected PTSD, burn scars on the head, face, and ears, and burn scars of the right hand and left hand. The evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The veteran's claims for higher ratings for residuals of a left foot injury, right eyebrow scar, and right pelvis fracture were denied as his conditions did not meet the criteria for higher disability ratings under the applicable VA rating schedule.

The veteran's claim for an increased rating for service-connected scars of left buttock and right flank area with retained metallic foreign body in the right pelvic area is being remanded due to incomplete service medical records, need for additional VA examinations, and compliance with VCAA requirements.

The veteran's claim for an initial evaluation in excess of 10 percent for pilonidal scars was denied. However, he is granted a separate initial evaluation of 10 percent for residuals of pilonidal abscess surgery.

The Board has determined that the veteran's service-connected left hand crush injury residuals do not warrant a compensable evaluation, and his laceration and abrasion scars also do not meet criteria for a compensable rating.

The Board has granted service connection for PTSD and residuals of herbicide exposure, including chronic folliculitis, soft tissue sarcoma, and other skin disorders. Service connection is denied for the remaining conditions.

The veteran is seeking a compensable initial disability rating for his service-connected laceration scar of the left forearm. The Board has determined that further examination and development are needed before this claim can be decided.

The Board has remanded the veteran's claim for an increased rating for his service-connected scar, residuals of bayonet wound of the left thigh. The case must be re-adjudicated with consideration of associated scarring and updated treatment records.

The Board has granted separate ratings of 10 percent each for right and left foot surgical scars, as well as service connection for bilateral hearing loss and tinnitus.