Scars decisions — 2008

The veteran's death was not caused by a service-connected disability, and the Board denied the claim for service connection for the cause of the veteran's death.

The Board has determined that the veteran's postoperative lipoma scar on the right upper back does not meet the criteria for a compensable evaluation.

The veteran's service-connected residual scars, revision status post breast reduction, are rated at a 10 percent evaluation effective March 12, 2004.

The VA denied a higher initial evaluation for the veteran's service-connected scars, status post cesarean section and multiple laparotomies, maintaining the original 10 percent rating effective July 30, 2001.

The Board denied the veteran's claims for an increased rating for his service-connected scars of the left leg and thigh, finding that they did not meet the criteria for a compensable disability rating. The claim for service connection for peripheral vascular disease was also denied as there is no evidence linking it to his service-connected shell fragment wounds.

The veteran's thoracotomy scar resulting from an emergent surgery in July 2003 is considered a qualifying additional disability due to carelessness, negligence, or lack of proper skill on the part of VA. The event was not reasonably foreseeable.

The Board has remanded the case due to inadequate notice provided to the veteran regarding his claims for increased ratings.

The Board denied the veteran's claims for increased ratings and service connection, finding that his right knee conditions did not warrant higher ratings or service connection based on the evidence of record.

The Board has remanded the case due to inadequate VCAA notice and requires additional development.

The Board denied the veteran's claims for a rating in excess of 90 percent for residuals of a right hip arthroplasty and a compensable rating for scars of the right hand.

The Board has dismissed the appeals for reopening claims of service connection for a back disorder, diabetes mellitus with episodes of hypoglycemia, headaches, and vision loss with corneal scars of the right eye. The claim for service connection for right ear hearing loss was not reopened.

The Board found that the veteran was not a fugitive felon and therefore, the termination of his VA disability compensation benefits from March 19, 2003 to May 6, 2004, and the creation of an overpayment debt were not proper.

The veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing. The case will be returned to the Board after the hearing.

The Board denied the appellant's claim as she is not a child of the veteran for VA benefits purposes due to her age and because the veteran did not have any covered herbicide diseases.

The veteran's appeal is remanded for further development, including obtaining VA and SSA records, scheduling medical examinations, and considering the intertwined issues of TDIU and increased rating for mood disorder.

The veteran's claim for an increased disability evaluation for his service-connected scar, residual of right testicular cyst surgery is being remanded to the RO for additional development and consideration.

The Board has granted service connection for a postoperative scar on the left foot at the third metatarsal head, but denied service connection for a plantar wart of the left foot.

The Board has granted service connection for type II diabetes mellitus, bilateral peripheral neuropathy, erectile dysfunction, a facial scar, and fungal infection of the feet. The veteran is presumed to have been exposed to herbicides in Vietnam, which supports his claim for type II diabetes mellitus.

The veteran's appeal is being remanded due to the need for additional development, including a VA examination and consideration of new rating criteria.

The veteran's burn scar of the lumbar back is rated at 30 percent, and his claim for an increased rating was denied as it did not meet the criteria for a higher rating under the applicable VA regulations.