Scars decisions — 2008

The veteran's service-connected disabilities do not meet the criteria for a certificate of eligibility for specially adapted housing due to his current level of mobility.

The veteran's appeal is being remanded for further development, including a VA examination to assess the impact of his service-connected disabilities on his ability to use assistive devices.

The veteran's claims for increased ratings and service connection were dismissed due to untimely Substantive Appeals.

The Board dismissed the appeal due to the death of the appellant.

The Board has determined that the veteran's claims for service connection for hypertension, heart disease, PTSD, residuals of a scar above the left eye, and bilateral hearing loss are all denied as they do not meet the criteria for establishing service connection.

The Board denied the veteran's claims for an initial rating in excess of 10 percent for tinea versicolor with residual scarring and service connection for hysterectomy residuals. The issues of entitlement to service connection for anxiety disorder and scoliosis were not perfected.

The Board has determined that the veteran does not have a currently diagnosed right shoulder, left shoulder, bilateral foot, upper back (thoracic spine), or visual disability. Therefore, service connection for these conditions is denied.

The Board has granted a 10 percent evaluation for the veteran's scar on the left foot, residual of his cyst removal. This is the highest available evaluation under Diagnostic Code 7804.

The Board has dismissed the appeals for missing teeth and scars as residuals of a head injury due to the appellant's withdrawal of these claims.

The veteran seeks service connection for a skin disability, to include as secondary to Agent Orange exposure. The case is being remanded for additional development and examination.

The veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for additional development, including obtaining VA treatment records and an employment opinion.

The Board has determined that the veteran does not have current heart disease or disability. The veteran's peripheral vascular disease is related to his service-connected diabetes, but there is no evidence of a current diagnosis of heart disease or upper extremity neuropathy. The veteran's lumbar radiculopathy and burn scar are not established.

The veteran's daughter, who is over the age of 23 and has not presented evidence that demonstrates she became incapable of self-support before reaching the age of 18, does not have legal entitlement to dependency and indemnity compensation benefits.

The veteran's service-connected disabilities are currently rated at noncompensable to 20% and the RO/AMC is remanded for further examination and rating considerations.

The veteran's appeal is being remanded for a Travel Board hearing before a Veterans Law Judge at the RO.

The veteran's claims of entitlement to service connection for post-operative radial head fracture of the left elbow with residual scarring, chondromalacia patella of the left knee, and chondromalacia patella of the right knee have been granted. However, additional records from Tricare Prime Clinic need to be obtained, proper VCAA notice must be provided, and the case must be remanded for further development.

The Board has remanded the case due to a challenge to the validity of the creation of the disability compensation overpayment indebtedness. The veteran and his representative have specifically articulated this challenge, requiring further development before considering the issue of waiver.

The Board has reopened the appellant's claims for service connection for right ear hearing loss, bilateral tinnitus, scar of the left cheek, and scar of the right breast. The claim for service connection for a chronic cardiac disorder (hypertension) is also granted. Service connection is established for these conditions based on new evidence received since the last final denial.

The Board has reopened the veteran's claim for service connection for macular scarring of the right eye and determined that there is new and material evidence to support this claim. The VA will conduct further examination and review before making a final determination.

The Board has determined that the veteran's claim for an effective date earlier than June 11, 1997 for a separate evaluation for a tender and painful scar of the right rib area is denied as there was no objective demonstration of such condition prior to this date.