Scars decisions — 2008

The veteran's claims for increased evaluations for residuals of greater saphenous vein stripping, costochondritis, and scars from breast reduction surgery have been denied as the evidence does not meet the criteria for a higher evaluation under the applicable rating schedule.

The veteran's death was caused by COPD, which is not service-connected.,The veteran did not meet the criteria for DIC compensation under 38 U.S.C.A. § 1318.

The veteran's service-connected left leg and groin disabilities have been rated as 30 percent disabling.,The veteran is seeking higher ratings for his left leg and groin disabilities.

The Board determined that the recoupment of the veteran's separation pay by withholding his VA disability compensation, in the amount of $12,405.24, is proper based on statutory and regulatory requirements.

The Board denied the veteran's claims for increased ratings and service connection, finding no new evidence to reopen previously denied claims or establish service connection.

The veteran's claim for service connection for a left cheek scar is granted. The veteran's claims for increased evaluations of his service-connected disorders are addressed in the REMAND portion of the decision.

The Board has determined that the veteran's bilateral eye condition is not service connected due to refractory error. The claims for heel spurs, heart condition, hypertension, and scar from shrapnel wound are denied as there is no evidence of a service-connected disability or any other basis for service connection.

The veteran's service-connected disabilities do not render him unable to obtain or maintain substantially gainful employment.

The veteran's service-connected disabilities do not render him unemployable, as he is able to perform some type of sedentary job with the help of a telephone and talking to people. The Board denied his claim for TDIU.

The veteran's claim for a higher rating for his service-connected left femur fracture, to include scar, is being remanded due to the need for a new VA examination and consideration of recent medical records.

The Board has determined that the appellant's claims of entitlement to service connection for hypertension, scarring in the groin area, and seizures are denied as there is no evidence showing a direct relationship between these conditions and his military service.

The issue of entitlement to an increased rating for right tibia/fibula fracture residuals with Muscle Group XI injury is dismissed as the veteran's entire benefit sought on appeal has already been awarded.

The veteran's appeal for an initial rating in excess of 10 percent for a surgical scar in the left shoulder region was denied. The claim for an extraschedular rating for residuals of a left (minor) shoulder dislocation, status-post Bankart repair (other than a surgical scar), was also denied.

The VA denied the veteran's claim for a total disability rating based upon individual unemployability (TDIU) due to his service-connected disabilities, as they are not of such severity that he is unable to secure or follow substantially gainful employment.

The veteran's initial claim for a higher rating for his residual shrapnel wound scars on the head and face was granted, but he is still seeking an even higher rating. His claims for service connection for residuals of a right shoulder injury, chronic low back disorder, and dyspnea are all granted.

The veteran died in February 2005 due to acute myocardial infarction and coronary artery disease. The cause of death is not related to his service or any service-connected conditions.

The Board has denied the veteran's claims for service connection and compensation for various conditions, including a head injury laceration scar, left ankle disability, bilateral shoulder disability, bilateral carpal tunnel syndrome, depression, dehydration, hepatitis B exposure, heart condition, hypertension, chronic respiratory disorder, sinusitis, and post-operative deviated nasal septum.

The Board has determined that the veteran does not have a current diagnosis of hemorrhoids and therefore service connection for this condition is denied. The right ankle disability and scars were evaluated, but no rating assigned as the claim remains pending.

The Board denied the veteran's claim for an earlier effective date of June 23, 2003 for his TDIU rating based on service-connected disabilities.

The Board has determined that an effective date earlier than September 11, 1997 for the award of additional aid and attendance allowance under 38 U.S.C.A. § 1114(r)(2) is legally precluded due to the veteran's service-connected conditions.