Scars decisions — 2008

The veteran's claims for increased ratings for peripheral neuropathy of the legs and feet were denied, but his claim for a compensable rating for epidermophytosis pedis was granted.

The veteran's skin graft scar on the right upper abdomen is superficial, painful, and covers an area of 22 cm x 12 cm. The RO denied his claim for a disability rating in excess of 10 percent.

The veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Board denied the veteran's claims for an initial evaluation in excess of 10 percent for a right knee scar and service connection for a left knee disorder, finding that the evidence did not support these claims. The decision is pending further action.

The Board granted service connection for the veteran's conditions and assigned initial evaluations. The right shoulder scars, left ring finger fracture, and bilateral knee osteoarthritis were all granted with a 10% evaluation.

The veteran's claim for a compensable rating for his scar below the lower lip is being remanded due to the need for additional examination and evaluation.

The Board denied the veteran's claims for increased evaluation of his scar, left ankle and service connection for neck condition (claimed as neck damage) and Hepatitis B. The veteran's scar was found not to meet criteria for a compensable rating. The Board also found no evidence linking the current neck disability or Hepatitis B to active service.

The veteran's right shoulder and left shoulder disabilities were rated at 20% prior to January 18, 2006. Since then, the right shoulder has been rated at 30%, while the left shoulder remains at 20%. The right knee disability was not addressed in this decision. The left elbow fracture residuals have also remained at 20%. The veteran's scar of the left elbow is now rated at 10%, and his scar of the right cheek has been assigned a rating of 0%.,The veteran's right shoulder and left shoulder disabilities were initially rated at 20% prior to January 18, 2006. Since then, the right shoulder has been increased to 30%, while the left shoulder remains at 20%. The right knee disability was not addressed in this decision. The veteran's scar of the left elbow is now rated at 10%, and his scar of the right cheek has been assigned a rating of 0%.

The veteran's claim for an earlier effective date for service connection for scar on the chest was granted. The issue of whether the April 2004 rating decision denying service connection for scar on the face contained clear and unmistakable error (CUE) is also addressed.,The veteran's original claim for service connection for scars on the face was received by VA on October 28, 2003. The issue of whether an April 2004 rating decision denying service connection for scar on the face contained clear and unmistakable error (CUE) is addressed.

The veteran's service-connected disabilities, including bilateral hearing loss, right shoulder injury, knee disorder, tinnitus, finger amputation, and thigh gunshot wound scar, prevent him from securing or following a substantially gainful occupation. The Board has granted the TDIU claim.

The Board denied service connection for a back disorder and an increased rating for a chin scar in December 1971. The decision was based on the presumption of soundness, as no pre-existing conditions were shown to have been aggravated by service.,The veteran argues that his back disorder existed prior to service and should not be considered incurred during service.

The Board has determined that the veteran's neck scars are due to in-service shell fragment wounds and grants service connection for these conditions.

The Board has determined that the veteran's service connection claims for a shrapnel fragment wound scar, bilateral hand disorder, and hip disorders are denied as there is no evidence linking these conditions to his military service.

The Board has determined that the effective date for service connection of low back strain with degenerative joint disease, right knee djd, and residuals of a right thigh abscess including muscle weakness, pain and scars is June 27, 2001.

The Board denied service connection for all claimed conditions, finding that the evidence did not support a direct relationship to service.

The Board denied a compensable rating for the veteran's service-connected residual scar due to lack of evidence showing impairment that meets the criteria for a higher evaluation under VA's rating schedule.

The Board denied the veteran's claims for increased rating for his diabetic retinopathy and service connection for peripheral neuropathy of the bilateral upper extremities, finding that there was no evidence to support these claims. The hypertension claim is remanded.

The Board denied the veteran's claims for an increased rating for scars of the left elbow and lower abdomen, as well as his service connection claims for osteoarthritis of the shoulders and a neurological disorder of the left arm. The veteran was not granted any benefits in these matters.

The Board has remanded the case due to unavailability of service medical records and a need for further examination to determine if the veteran's current lumbar spine, cervical spine, and neck burn scars are related to his military service.

The VA denied the veteran's claim for a separate rating for each service-connected scar of the left upper arm and forearm, as his current 10% rating already accounts for tender and painful scars.