Scars decisions — 2008

The Board has determined that the veteran does not have a current disability related to his service, specifically no residuals of an injury involving his nose or left leg.,Service connection for a scar on the bridge of the nose is granted. However, there is insufficient evidence linking any left leg injury to service.

The veteran's claims for increased disability ratings and initial compensable evaluations are being remanded due to inadequate VCAA notice.

The veteran's service-connected scars of the chin, left side (claimed as right side), right hand, right shoulder and right leg are all superficial, well-healed, nondisfiguring, small scars that are not painful and do not result in limitation of motion. As such, the preponderance of the evidence weighs against a finding that compensable disability ratings are warranted for these conditions.

The veteran's claim for payment or reimbursement of unauthorized medical care and services rendered at the Dominican Santa Cruz Hospital on December 10, 2004 is granted due to his service-connected disabilities and the nature of the emergency.

The Board found that the veteran's claimed right and left shin injuries, including scars, as well as his left index finger disability (Heberden's nodes), were not incurred or aggravated by active service.,The veteran did not meet the criteria for special monthly pension based on need of regular aid and attendance or being housebound.

The Board granted a 10 percent disability rating for the veteran's scars of the right hand, effective from August 17, 1993 to September 26, 1994.

The Board has granted an effective date of March 16, 2003 for the grant of service connection for occipital nerve distribution injury and a 10% evaluation for scar of the left occiput. The veteran's claim was initially received in February 1979 but not appealed within one year of notification.

The Board denied the veteran's claims for service connection for facial scars and tinnitus, finding no credible evidence linking these conditions to his military service.

The veteran's claims for service connection and increased ratings were denied. The claim to reopen the prostatitis claim was not granted, as new and material evidence did not raise a reasonable possibility of substantiating the claim. The maximum schedular rating for schizoaffective disorder and panic disorder with agoraphobia has been assigned.

The veteran's service-connected residual scar of a subcutaneous mastectomy of the left breast is rated at 10 percent, which is the maximum rating available under Diagnostic Code 7804 for a superficial painful scar. The Board found that this condition warranted such a rating based on its tender and painful nature.

The veteran's service-connected scars of the right groin area are painful and tender to palpation, but do not affect muscle strength or function, do not cause limitation of motion of his groin area or affect any joints, and do not exceed 6 square inches (39 sq. cm.). The maximum rating available is 10 percent.

The veteran is seeking an increased rating for his service-connected right chest through and through gunshot wound residuals with scarring, which is currently rated at 10 percent. The RO must schedule the appellant for a VA examination to determine the current severity of his condition and ensure that all necessary development has been completed.

The Board denied the veteran's claims for earlier effective dates for service connection due to lack of evidence showing an intent to file a claim prior to March 1, 2004.

The Board has remanded the claims for service connection for the cause of the veteran's death and for DEA under the provisions of 38 U.S.C.A. Chapter 35 due to new evidence requiring further development, including obtaining a VA opinion on whether the veteran's service-connected disabilities caused or contributed to his suicide.

The veteran's appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The veteran's combined rating from his service-connected conditions is 50%, which does not meet the minimum schedular criteria for a total disability rating based on individual unemployability. The Board denied referral to the Director of Compensation and Pension Service for consideration of TDIU on an extraschedular basis.

The Board has denied the veteran's claims for service connection for an acquired psychiatric disorder and a lung disorder, finding no evidence of in-service injury or disease that is related to his current conditions.

The Board denied service connection for breathing problems secondary to asbestos exposure due to lack of evidence of actual exposure and no shown disability.

The Board denied an initial compensable evaluation for PID scarring, finding that the veteran's symptoms do not require continuous treatment and are comparable to endometriosis.

The Board has remanded the case for further development, including a VA examination and issuance of an SOC regarding the right foot and ankle scar issue. The veteran's remaining claims for higher initial ratings for residuals of right foot trauma and right ankle trauma will also be readjudicated.