Scars decisions — 2008

The VA granted a 10 percent rating for the left hand injury scar, effective December 31, 2003.

The veteran's service-connected disabilities do not meet the criteria for financial assistance in the purchase of an automobile or adaptive equipment, as he does not have a qualifying disability resulting in loss of use of either hand or foot, nor permanent impairment of vision in both eyes with central visual acuity of 20/200 or less.

The veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation, and therefore the claim for TDIU is denied.

The veteran is granted TDIU prior to October 31, 2006 due to service-connected disabilities. The issue of TDIU as of October 31, 2006, has been rendered moot.

The Board denied the veteran's claim for an earlier effective date of January 4, 2005 for a combined 20 percent evaluation for hiatal hernia with gastroesophageal reflux disease (previously rated as eosinophilic esophagitis), a hernia scar, and status post right inguinal hernia repair.

The Board denied an increased rating for a service-connected scar of the left buttock, finding that the evidence did not meet criteria for a compensable evaluation.

The veteran's claims for service connection for PTSD, entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU), and entitlement to a temporary total rating under the provisions of 38 C.F.R. § 4.29 were denied as there was no verified in-service stressors for PTSD, and the veteran's scar did not result in his being unable to secure or follow a substantially gainful occupation.

The veteran's service-connected disabilities of the bilateral feet limit his ability to walk far, participate in activities of daily living that require walking, and drive safely. The Board finds that these conditions meet the criteria for loss of use of the feet as defined by VA regulations, granting financial assistance for an adapted automobile.

The veteran's appeal is remanded due to the need for additional medical records and a new VA examination. The issue remains about his service-connected residuals for a gunshot wound, posterior neck, with residual scar formation.

The veteran requested increased ratings for his right thigh disability and right thigh scars, but the RO denied these claims. The effective date of the increased ratings was set at May 26, 2005.,An earlier effective date claim for a noncompensable rating assigned in April 8, 1977, was dismissed as there is no evidence of clear and unmistakable error.

The veteran's claims for an effective date earlier than April 14, 2004, for the grants of service connection for postoperative scars on the right and left flanks were denied as there was no prior informal or formal claim filed within one year of the initial filing.

The veteran's appeal is remanded due to the need for a new VA examination and additional outpatient treatment records. The issue of entitlement to an increased rating for residuals of herniotomy scar with nerve and spermatic cord entrapment will be re-adjudicated after these actions.

The veteran's claim for a total disability rating based on individual unemployability is being remanded due to the need for further development, including obtaining Social Security Administration records and scheduling a VA examination.

The Board has ordered a remand to obtain additional medical records and determine if the veteran's service-connected conditions contributed to his death.

The veteran's claims for increased evaluation of a left mid-thigh laceration scar, service connection for post-operative residuals of low back injury and right hip disability were all denied. The Board found that the evidence did not support granting any of these claims.

The VA denied the appellant's claim for an increased evaluation in excess of 10 percent for his left knee scarring, finding that there was no functional loss or other basis for a higher rating.

The Board has determined that additional development is needed to determine if the appellant's current heart conditions are related to his service-connected scarlet fever and rheumatic fever.

The Board found that the veteran's current left arm scars were not incurred in or aggravated by active military service. The claim for tinnitus was remanded due to a need for additional development.

The VA has determined that the veteran's service-connected scars on top of the right foot do not warrant a compensable disability rating.

The veteran's appeal is being remanded to the RO for further development, including scheduling examinations and providing an SOC regarding his facial scar disability. The claim for increased ratings for both neck and face disabilities will be reconsidered.