Scars decisions — 2008

The appellant's January 1969 hospitalization was for a nonservice-connected condition (moderately severe peptic ulcer disease) and did not meet the criteria for a temporary total evaluation or TDIU based on service-connected disabilities.

The veteran's claims for service connection for night vision loss and a compensable initial rating for residual scar, incision and drainage abscess, left buttocks are being remanded due to the need for additional examinations.

The Board has granted initial compensable evaluations for the veteran's right (major) arm shrapnel fragment wound residuals, right leg shrapnel fragment wound residuals with Muscle Group XIV injury and scars, and post-operative right inguinal hernia repair residuals.

The veteran's appeal is being remanded to the RO for further action, including scheduling a Board hearing.

The VA denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 because there was no evidence of additional disability caused by the surgical treatment provided at the VA Medical Center in New Orleans, Louisiana in January 2003.

The veteran's service-connected disabilities are not shown to be productive of a disability picture that precludes the veteran from working, and therefore he is not entitled to TDIU.

The Board has determined that the veteran's seborrheic dermatitis with facial telangiectases and burn scar, left bicep are related to his active duty service.

The Board has granted service connection and assigned initial disability ratings for the veteran's conditions, but did not provide specific details on the effective dates or rating assignments.

The veteran's overpayment of $10,364.20 is waived due to the VA's substantial fault in failing to notify him of his incarceration status and accepting benefits he was not entitled to.

The Board has determined that the appellant's claims for increased ratings for his right eye pterygium, right second metacarpal disability, tonsillectomy residuals, and right upper lip scar disabilities are not supported by evidence showing an increase in severity of these conditions. The RO has also found no basis to grant new and material evidence for any of the service-connected conditions.

The Board denied the veteran's claim for a compensable disability rating for his residual scars of the chest, arms, and left calf. The evidence did not meet the criteria for any higher rating under applicable VA rating criteria.

The veteran's claims are being remanded due to the need for a new hearing before the Board of Veterans' Appeals.

The Board denied service connection for headaches and scars of the face and scalp, finding no evidence linking these conditions to service.

The veteran's TDIU claim is being remanded for clarification of the examiner's opinion regarding whether his service-connected disabilities alone are sufficient to preclude him from obtaining or maintaining employment.

The veteran's claims for increased evaluations of his service-connected cervical strain, scar, residual left ankle surgery, lumbar strain with degenerative changes at T12-L1, right ilio-tibial band syndrome, retropatellar pain syndromes of the knees, postoperative residuals of a malleolus fracture, allergic rhinitis, tinea corporis and tinea cruris, left wrist strain, left epididymitis, and scar from a thumb laceration have all been denied.,The veteran's service-connected conditions do not meet or approximate the criteria for higher evaluations under any applicable diagnostic codes.

The veteran's claims for service connection for a left knee disability and an initial rating in excess of 10 percent for a left shoulder strain were denied. The claim for the abdominal scar post appendectomy was not addressed as it is not related to service connection.

The veteran's claim for an increased evaluation for his left eye cornea scar is being remanded due to the need for a comprehensive examination and clarification of all service-connected disabilities.

The Board has determined that the veteran's cardiovascular disability, neck cyst residuals, shrapnel scar of the left arm, sinus disability, and bilateral eye disability were not incurred in or aggravated by service.,Specifically, there is no evidence showing a chronic condition during service or within one year after separation. The VA examiner found no current diagnosis for any of these conditions.

The Board has granted a 20 percent rating for each of the veteran's service-connected bilateral great toe bunionectomies and arthrotomy screw removals, effective from the date of the July 2004 decision.

The Board has determined that the veteran's service-connected scar of the right index finger warrants a 10 percent evaluation, effective May 21, 2004.