Scars decisions — 2008

The Board granted an initial rating of 10 percent for the veteran's residuals of a left knee injury and granted a separate noncompensable rating for his left knee scars. The veteran was not granted any increase in ratings.

The Board denied the veteran's claim for service connection for lung cancer, loss of left lung, pulmonary infarcts, loss of a creative organ and scar tissue with numbness, to include as a result of exposure to Agent Orange due to lack of medical evidence linking these conditions to service.

The veteran's service-connected thoracic spine fracture and chin laceration scar were granted, with a 10% rating for the former and no rating assigned for the latter. The effective dates for both conditions are July 28, 2003.

The veteran's application for an annual clothing allowance was denied because topical creams used to treat his service-connected scars do not cause stains on outer garments that cannot be removed by laundering or dry-cleaning.

The Board has determined that additional development is needed to address the veteran's claims, including obtaining medical records and conducting VA examinations.

The veteran's claim for TDIU is being remanded due to the need for additional medical examinations and development of his service-connected disabilities.

The VA determined that the veteran's service-connected conditions do not meet the criteria for SMC based on need for regular aid and attendance or housebound status.

The Board has referred the case to the Under Secretary for Benefits or Director of Compensation and Pension Service for consideration of an extra-schedular evaluation under both 38 C.F.R. § 4.16(b) and 38 C.F.R. § 3.321(b)(1). The veteran is unable to secure or follow a substantially gainful occupation due to his service-connected left ulnar neuropathy.

The Board has determined that the veteran's residual colostomy disorders are not compensable under 38 U.S.C.A. § 1151 due to lack of evidence showing they were caused by VA carelessness, negligence or similar instance of fault.

The Board has determined that additional development is needed to fully and fairly consider the veteran's claims, including obtaining medical records from his providers and scheduling him for VA examinations.

The veteran's abdominal adhesions and scarring from exploratory laparotomy are currently rated at 10 percent, but the Board finds that they do not meet the criteria for a higher rating.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling him for VA examinations to assess his service-connected disabilities.

The veteran's appeal is being remanded due to the need for additional records from SSA and VA, as well as preparation of a Statement of the Case (SOC) for the claim regarding a compensable rating for corneal scar of the right eye.

The Board has determined that the veteran's scar on his right little finger does not meet the criteria for a compensable evaluation under VA rating criteria, and therefore denied the claim for an increased rating.

The Board has determined that the veteran's scars resulting from her bilateral mammoplasty do not warrant a higher rating, and she is not entitled to special monthly compensation based on loss of breast tissue. The current 10 percent rating for the service-connected residuals of a bilateral mammoplasty remains unchanged.

The Board found clear and unmistakable error in the January 25, 2006 decision that denied an earlier effective date for left ulnar nerve damage. The Board granted an earlier effective date of December 22, 1979 for service-connected disabilities resulting from a September 1979 motor vehicle accident.

The Board has denied the veteran's claims for increased ratings for his service-connected PTSD and various scars. The evidence does not support a rating in excess of 10 percent for any of these conditions.

The Board denied the veteran's claim for a separate compensable extraschedular rating for his post-operative right thigh scar, finding that there was no exceptional or unusual disability picture with marked interference with employment or frequent periods of hospitalization as to render impractical the application of the regular schedular standards.

The Board has determined that the veteran is entitled to a 10 percent rating for her laparotomy scar, which is painful and tender on examination.

The veteran's claims for service connection for diabetes mellitus, type II and asthma were denied in March 1985. The RO granted service connection for lumbar strain, acne scars on both cheeks, a left ankle disability, acne scars of the back, and rhinitis with an effective date of September 15, 2004.