Scars decisions — 2008

The veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment, as he is unemployed due to his non-service-connected heart problems and COPD.

The Board denied the veteran's claims for an increased rating for right groin scar and to reopen his claim of service connection for right great toe nail evulsion.

The veteran's scar of the scalp does not result in any impairment of functioning and is superficial with localized pain or irritation. The Board denied an increased evaluation for his scar of the scalp as it did not meet the criteria for a higher rating based on the current symptoms.

The Board denied the veteran's claims for increased disability ratings for his service-connected left knee tendonitis, left foot plantar fasciitis, left tibialis muscle strain, and inguinal hernia scar as there was no evidence showing that any of these conditions warranted a compensable rating under VA's schedular criteria.

The veteran's appeal is being remanded due to his failure to report for a scheduled Travel Board hearing. The case will be processed again with the opportunity for a videoconference hearing.

The veteran's appeal is being remanded for further examination and opinion regarding his service-connected scar, as well as the issue of TDIU. The current VA examinations do not clearly indicate whether he is unable to obtain substantially gainful employment due to his service-connected disabilities.

The Board denied the veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Casa Grande Medical Center in Casa Grande, Arizona, on December 15, 2004, due to lack of evidence showing a VA facility was not feasibly available and because he had not been an active participant in the VA healthcare system during the preceding 24 months.

The Board denied the veteran's request to withhold compensation due to his receipt of separation pay, finding that recoupment was required by law.

The Board has determined that the veteran's post-surgical inguinal hernia scars do not warrant a higher than 10 percent rating, and separate ratings for neurological impairment to each side are also denied.

The Board denied the veteran's claims for increased evaluations and effective dates for his service-connected disabilities, including right eye retinitis/sarcoid uveitis, pes planus, and a scar in the area of the right forehead.

The veteran's TDIU claim is being remanded for additional information to determine the degree of industrial impairment resulting from his service-connected disabilities.

The Board has decided to remand the case for further development, including a VA examination to determine if the veteran's service-connected disorders may be aggravating his hypertension.

The Board found that the RO's calculation of the veteran's combined rating of 70 percent was correct in the January 2006 decision and he was paid at the 70 percent rate. Therefore, the appeal is denied.

The veteran's claim for an earlier effective date for a 10% rating for a scar from the excision of a lump under his left clavicle was denied as the law only allows retroactive awards based on liberalizing legislation to be effective as of the effective date of that legislation.

The Board has granted a 30 percent evaluation for the veteran's service-connected scalp laceration scar residuals, based on two characteristics of disfigurement. The veteran also received a 10 percent evaluation for his left hand weakness and decreased dexterity.

The Board denied the veteran's claims for an initial compensable disability rating for right eye scars of the retina and conus, as well as his attempts to reopen previously denied claims for service connection for neck and left hip disorders. The current disability picture does not warrant a higher evaluation.

The Board found that the veteran's lung scarring is not related to his time in service and denied both claims for service connection.

The Board denied the veteran's claims for increased ratings for his service-connected residuals of a left-side facial fracture, hemorrhoids, nasal septum fracture, and scar of the left eyebrow.

The Board has determined that the veteran does not have residuals of scarlet fever, bilateral hearing loss, bilateral eye disorders, or COPD as a result of service. The claim for service connection is denied.

The Board denied the veteran's claims for service connection for left ear hearing loss and initial compensable ratings for Hepatitis B and a residual scar of a left axillary contracture, finding no evidence of current or past hearing loss meeting VA criteria. The veteran's Hepatitis B was rated as noncompensable due to asymptomatic status.