Scars decisions — 2008

The veteran's appeal is being remanded for further development, including a VA examination to assess the severity of his scar on the right hand. The current noncompensable rating assigned does not accurately reflect the severity of his condition.

The Board found that the veteran's service-connected status post exploratory laparotomy and small bowel resection with Muscle Group XIX damage and surgical scars did not meet the criteria for a compensable disability rating, as there was no objective evidence of symptoms such as diarrhea, anemia, or weight loss.

The veteran is seeking an earlier effective date for his TDIU benefit, which was granted in April 2004. The Board finds that additional development is needed to determine the earliest date at which he became unemployable due to service-connected disabilities.

The Board denied the veteran's claims for initial compensable ratings for scars on his right scapula and right lower leg, as well as service connection for allergic rhinitis and a left knee disorder. The veteran's scars were found to be superficial and stable, not warranting higher ratings. There was no evidence of a current left knee disability or injury in service.

The VA determined that the veteran's asthma and pneumonia residuals do not warrant an evaluation in excess of 30 percent.

The veteran's service-connected scar of the left ankle is currently rated at 10 percent, which is the maximum rating under applicable diagnostic codes. The Board found no evidence to support a higher evaluation.

The Board denied the veteran's claims of service connection for a scar on his right side of face and a bilateral eye disorder, as well as his claim for an increased rating for tinea versicolor. The evidence did not support a finding that these conditions were related to his military service.

The veteran's head scar is not manifested with at least one characteristic of disfigurement or tenderness on examination, and thus does not meet the criteria for a compensable rating.

The veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical records and documents from the Social Security Administration.

The veteran's left knee scar and osteoarthritis of the left knee were both denied, but his claim to reopen service connection for osteoarthritis was granted. The evaluation for the left knee scar remains noncompensable.

The Board denied the veteran's claims for increased ratings for his PTSD, non-scarring residuals of shell fragment wounds of the left leg and foot, and shell fragment wound scars of the left leg and foot. The RO found that the current evaluations adequately reflected the severity of the disabilities.

The VA determined that the veteran's scar on his forehead does not meet the criteria for a compensable rating under any applicable diagnostic codes.

The Board has remanded the case for further development, including a VA examination and consideration of whether the veteran's disability can be rated under the muscle injury codes.

The Board has denied the veteran's claims for increased ratings for his scar on the right elbow and bilateral hearing loss, finding that the evidence does not support a grant of any higher rating.

The veteran's claims for increased disability ratings for organic brain syndrome and scarring of the right and left feet were denied.

The Board has determined that it is not factually ascertainable that the veteran became unemployable due to his service-connected disabilities within a year prior to December 22, 1999. As such, the effective date for the TDIU award cannot be earlier than December 22, 1999.

The Board has decided to remand the case for further development, including obtaining medical records and providing proper notification.

The veteran's death was not caused by a service-connected disability. The veteran did not meet the criteria for DIC under 38 U.S.C.A. § 1318 as he had no continuous total rating for ten years prior to his death.

The Board denied the veteran's claims for increased evaluations for his left knee and lower extremity disabilities, finding that the evidence did not support ratings in excess of 10 percent.

The veteran's initial claims for increased evaluations and service connection were denied. The scar under the right eye was evaluated at 10 percent, as there are no characteristics of disfigurement or other criteria warranting a higher evaluation. The headaches claim is granted but not in excess of 10 percent. Service connection for the right hip disorder remains denied due to lack of new and material evidence.