Scars decisions — 2009

The Veteran's claims for an effective date earlier than June 30, 2004 for a 70 percent rating for PTSD and a TDIU based on service-connected PTSD are denied as there was no pending claim prior to that date.

The Veteran's claim for an increased rating for first and second residual burn scarring on the face is being remanded due to incomplete VCAA notice, lack of examination addressing specific questions from a previous remand, and other procedural issues.

The Veteran's service-connected dyspepsia and scar, left wrist have been granted initial evaluations of 10 percent each. The effective date for these ratings is November 1, 2004.

The Veteran's appeal is remanded due to the need for a more complete VA medical examination of his service-connected scars.

The Veteran's service-connected PTSD, along with other disabilities, has rendered him unable to secure or follow a substantially gainful occupation. The Board agrees and grants the TDIU.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for burn scars as a result of treatment at a Department of Veterans Affairs medical facility in June 1996 is dismissed because the issue is moot due to her service connection for the burn scars.

For the period from March 11, 2004 through May 20, 2007, the Veteran's right eye corneal scar with foreign body removal and corneal erosion syndrome was manifested by no worse than corrected distant vision of 20/40.,Since May 21, 2007, the Veteran's right eye corneal scar with foreign body removal and corneal erosion syndrome has been manifested by active pathology.

The Veteran's hearing loss in the right ear is rated as noncompensable, and his left eyebrow scar with associated hearing impairment does not meet criteria for a compensable rating. The Board finds that neither condition warrants an initial compensable evaluation.

The Veteran's appeal for a compensable evaluation for his service-connected forehead scar is being remanded due to the need for proper VCAA notice.

The Board has determined that the Veteran did not serve in Vietnam and therefore cannot establish presumptive service connection for his claimed conditions based on exposure to Agent Orange. The VA examiners have opined that the Veteran's diabetes, COPD, connective tissue disease with high fevers, and skin disorder with scars are not related to his military service.

The Board granted service connection for keloid scars of the left arm and assigned a 10 percent rating effective April 28, 2008. The other issues were not addressed as they are no longer on appeal.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining service treatment records and SSA disability benefits records.

The Veteran's unauthorized medical expenses for treatment at Delaware Valley Hospital on September 30, 2005 were denied as the treatment was non-emergent and did not meet the criteria for reimbursement under VA regulations.

The Veteran's death was not caused by any of his service-connected disabilities, and the Board denies service connection for the cause of the Veteran's death.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a non-VA facility due to treatment on October 6, 2007 was denied because the emergency services were not provided in an emergency department and VA facilities were feasibly available.

The Board has granted service connection for loss of bone in the mandible between teeth nos. 23 and 26 due to a traumatic injury sustained during service, and has also granted an initial compensable rating (10%) for left arm scars as residuals of shell fragment wounds.

The Board has granted service connection for a scar on the head and assigned a noncompensable evaluation. The Veteran's claim for service connection for loss of teeth was withdrawn.

For the time period prior to October 14, 2008, the Veteran's hallux valgus of the right and left feet were not shown to warrant a compensable evaluation.,For the time period from October 14, 2008, the Veteran's hallux valgus of the right foot was manifested by moderate to severe deformity that limited function. The left foot remained noncompensably disabled.

The Veteran's claim for an earlier effective date was granted, and he is now entitled to a 10% disability rating for his scar condition since May 5, 1999.

The Veteran's appeal is being remanded for additional development, including scheduling a Travel Board hearing at the RO.