Scars decisions — 2008

The appeal is remanded to the RO for further development and adjudication of the veteran's claims.

The Board remands the case for further development, including a medical examination to determine the nature and etiology of the veteran's claimed conditions.

The veteran was granted a separate 10 percent disability rating for deep scars to the right lower extremity effective from August 30, 2002. The criteria for a rating in excess of 10 percent for residuals of shell fragment wounds to the right leg and posterior portion of the right foot with retained foreign body, involving Muscle Group XI, were not met.

The Board has reopened the claim for service connection for bilateral hearing loss and granted service connection. The veteran's claims for increased ratings for various disabilities, including otitis externa, muscle injuries, and scars, have been denied.

The Board granted a 20 percent evaluation for the residuals of right ankle sprains, finding that the evidence established marked limitation of motion with additional functional impairment.

The veteran's service-connected status-post stress fracture of the left third metatarsal head was not compensable prior to May 3, 2007, and a 20 percent rating is assigned thereafter. The veteran's right foot scarring and left foot scarring are rated noncompensable, but he has been granted a 10 percent rating for the left foot scarring effective October 28, 2003, and a 30 percent rating for chronic dermatitis.

The veteran's right hand and leg shell fragment wound scars were found to be superficial, painful on examination, warranting a 10 percent disability rating each. The claim for a separate 10 percent evaluation based on two or more noncompensable service-connected disabilities was denied.

The veteran's service-connected tender scar, left foot, status-post plantar wart removal with subsequent removal of painful scar tissue (also claimed as benign skin neoplasms-lesions) is rated at 10 percent and the Board found that a higher rating was not warranted.

The veteran was granted a 10 percent rating for residuals of a compound fracture of the right forearm with surgical scars, effective from October 14, 1978, to July 7, 2002, and a 10 percent rating from July 8, 2002.

The veteran's claim for service connection for a right hand disorder is being remanded for further development.

The Board found that the veteran is not entitled to an initial rating greater than 10 percent for his laceration scar on the right lower leg and status post laparoscopic cholecystectomy and reflux esophagitis.

The veteran's claims for increased ratings for his coronary artery bypass graft and scars were denied as the evidence did not support a higher rating.

The appeal is remanded to the RO for further development and consideration of the veteran's claims.

The appeal is remanded to the RO for scheduling of a videoconference hearing before a Member of the Board.

The veteran's service-connected scar on the right lower extremity is granted a compensable rating of 10 percent due to it being tender.

The Board denied the veteran's claims for service connection for tinnitus and a right arm scar, finding no evidence of a current disability related to his military service.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for a left eye disability, as it was determined that VA did not act negligently in providing treatment.

The veteran's claim for an increased rating for keloidal scars of the chest was remanded to ensure that the service-connected condition has worsened independently of non-service-connected scarring from a coronary artery bypass surgery.

The Board denied a compensable rating for the veteran's right lower leg scar as the evidence did not show that the disability had become worse and there were no objective findings of tenderness attributed to the leg scar, nor was the scar deep or cause limited motion in an area or areas exceeding 6 square inches (39 sq. centimeters).

The Board denied a compensable disability rating for the veteran's scars of the head as they were found to be superficial, stable, nontender on objective demonstration, causing no limitation of motion or function, and not involving an area of more than 144 square inches.