Scars decisions — 2008

The Board denied a combined rating in excess of 30 percent for multiple lipoma and lipoma residual scars, as the evidence did not support more than three tender sites.

The veteran is unable to secure or follow a substantially gainful occupation solely as a result of his service-connected disabilities, and the combined disability rating meets the criteria for TDIU effective August 11, 2003.

The Board denied service connection for a scar above the right eye as there was no competent medical evidence supporting its existence.

The appeal is remanded to the RO for additional development and readjudication of the claims.

The veteran withdrew her appeal, and the Board dismissed the case.

The veteran's service-connected disabilities do not prevent him from securing and following substantially gainful employment.

The Board found that the evidence did not support an evaluation in excess of 20 percent for lumbosacral strain or 10 percent for appendectomy scar, and a compensable evaluation under 38 C.F.R. § 3.324 was precluded as a matter of law.

The claim for service connection for bicipital tendonitis, left shoulder, and history of fracture, status post rotator cuff repair with arthritic and muscular ligamentous residuals was reopened but ultimately denied. The claims for service connection for residuals, damage to teeth and jaw, and scar, back of head were denied.

The Board granted service connection for left corneal scarring and dystrophy, finding that the condition was incurred in service.

The veteran's claims for a compensable initial disability rating for residuals of cellulitis of the right mandible, service connection for diabetes mellitus, type I, panic disorder, and facial scarring were denied.

The veteran's claim for an earlier effective date was denied as a matter of law, since the evidence showed that he did not file a new claim until December 19, 2003.

The Board denied service connection for chronic bronchitis and a higher rating for post-operative residuals of a left submuscular ulnar nerve transposition, as well as a separate scar condition.

The veteran's service-connected patellofemoral syndrome of the knees and scars were denied higher ratings.

The Board granted service connection for chronic allergic rhinitis, hiatal hernia with reflux esophagitis and sphincter narrowing/scarring, gastritis, and ulcer disease as secondary to the veteran's service-connected pulmonary tuberculosis.

The Board denied service connection for the cause of the veteran's death, as there was no evidence that a disability incurred in or aggravated by military service caused or contributed substantially to his death.

The veteran's claims for service connection for a left knee disability, lumbar spine disability and bilateral hearing loss were denied as the evidence did not show that he currently had these disabilities.

The appeal is remanded for further procedural development to ensure compliance with Vazquez-Flores v. Peake, No. 05-0355 (U.S. Vet. App. January 30, 2008).

The Board has reopened the veteran's claims of service connection for bilateral hearing loss, scarring of the eardrums, and tinnitus based on new and material evidence.

The veteran's right and left foot disorders are each rated at 20 percent, as the evidence shows significant impairment in both feet.

The veteran's claims for service connection, higher ratings, and a total disability rating were denied as the evidence did not support the existence of current disabilities related to the claimed conditions.