Scars decisions — 2008

The Board denied an initial rating in excess of 10 percent for a laceration scar in the left maxillary region and service connection for a sinus condition secondary to a laceration to the left maxillary region.

The veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is being remanded for further evaluation and examination.

The Board denied the veteran's claims of service connection for genital warts, and denied her increased rating claims for nephrolithiasis and a Cesarean Section scar. The evidence did not show recurrent stone formation or attacks of colic requiring medical intervention.

The Board found that the veteran's PTSD did not result in total occupational and social impairment, but granted a 70 percent disability rating for PTSD.

The veteran's claims for increased disability ratings for her service-connected right knee disabilities and for service connection for an upper back disability have been granted. Her claim of entitlement to a compensable initial rating for scarring of the breasts has also been granted, with a noncompensable evaluation effective May 25, 2005.

The veteran's low back disability was rated at 20 percent from July 22, 1993 to March 1, 2001 and increased to 40 percent thereafter. The claim for a higher rating is denied as the evidence does not support an evaluation in excess of 40 percent.

The Board has remanded the case for a VA examination to assess the current severity of the service-connected left small finger disability, including near-constant pain and throbbing. The veteran's claim will be readjudicated based on this new evidence.

The Board denied the veteran's requests to reopen claims for service connection for headaches, a left ear scar, bilateral defective hearing, and residuals of a head injury. The evidence submitted was found not to be new and material.

The veteran's scars on the right middle finger are rated as 0 percent disabling, and his right wrist disability is not service-connected. The claim for an increased evaluation of the scars was denied.

The veteran's appeal is being remanded for further evaluation of his employment status and the impact of his service-connected disabilities on his ability to work. The case will be returned to the Board once this information has been obtained.

The Board has determined that additional development is necessary to ensure the veteran's due process rights are met, including obtaining service records and VA treatment records. The case is being remanded for these purposes.

The veteran's service-connected disabilities have rendered him unable to independently perform daily functions of self-care and protect himself from the hazards and dangers incident to his daily environment, warranting special monthly compensation based on need for regular aid and attendance starting September 28, 2005.

The veteran's service-connected disabilities rated higher than 20 percent and do not materially or substantially contribute to an overall impairment in gaining or retaining employment commensurate with her abilities, aptitudes, and interests. Therefore, she does not meet the criteria for eligibility for vocational rehabilitation benefits under Chapter 31.

The Board has determined that the submitted evidence is not new and material, thus denying the reopening of the claim for service connection for a scar, residual of gunshot wound.

The veteran's appeal is being remanded due to the need for proper VCAA notice regarding his increased rating claims and all other issues on appeal.

The veteran's service-connected right and left hallux rigidus, as well as his bilateral knee retropatellar pain syndrome, are each rated at the maximum allowable under VA regulations. The veteran is also granted a compensable rating for residuals of osteochondroma excision on the proximal left lower extremity.

The Board denied the veteran's claim for service connection for basal cell carcinoma with residual scars of the right upper lip and over the left eye, finding no evidence linking it to his active duty service or presumed exposure to herbicides in Vietnam.

The veteran's appeal has been dismissed as he requested withdrawal of the appeal in its entirety.

The Board has determined that the veteran does not have current disabilities related to his service-connected conditions, and therefore denied all claims for service connection.

The veteran's claim for an initial evaluation in excess of 30 percent for voiding dysfunction, residuals of shell fragment wound to penis was granted. The effective date for the award of service connection for major depression with anxiety was set at February 20, 1975. The veteran also received a total disability evaluation on an extraschedular basis (TDIU).