Scars decisions — 2009

The Board denied the Veteran's claims for initial compensable ratings for left ear hearing loss, migraine headaches, a right ankle disability, and a left ankle disability. The appeals were based on direct service connection.

The Veteran's death was not service-connected, and the appellant is not entitled to DIC benefits under 38 U.S.C.A. § 1318 as he did not meet the durational requirement for a total disability rating at the time of his death.

The Board found no clear and unmistakable error in the February 4, 1957 rating decision that did not assign a separate compensable rating for a left ankle scar.

The Board has determined that the veteran's corneal scars do not meet the criteria for a compensable rating, as there is no evidence of any loss of vision or active pathology in the right eye.

The Veteran's claim for an initially compensable evaluation for status post fusion scars, midline low back and posterosuperior iliac crest associated with degenerative disc disease of the lumbosacral spine status post plates with screws at L4-5 and L5-S1 was denied. The Board also found that service connection for PTSD, a bilateral hip disorder, and a bilateral knee disorder is not warranted as secondary to a service-connected low back disability.

The Board found that the appellant's current left eye disorders, including corneal scarring and pseudophakia, are not service-connected as they were not incurred or aggravated during his INACDUTRA duty in July 2000.

The Veteran's appeal is being remanded to provide her with a VA examination for her service-connected scars and plantar fasciitis, as well as to obtain additional medical records.

The Veteran's claims for increased evaluations for calluses on his right and left feet have been denied as the evidence does not show that either foot disability is more than moderate in degree.

The Veteran's scar, pilonidal cyst does not meet the minimum requirements for a compensable evaluation based on surface area of the scar or limitation of function.

The Board denied the Veteran's claims for service connection for flat feet, a rating in excess of 50 percent for left hip total replacement, and a rating in excess of 10 percent for residuals of fracture, distal shafts of the first and second metatarsals, left foot. The Veteran was also denied a separate rating for nerve damage of the posterior tibial nerve associated with residual gunshot wound to Muscle Group X, left foot and ankle.

The Board has determined that the Veteran's claimed headaches and scars of the face and scalp are related to service, granting service connection for these conditions.

The Veteran is entitled to special monthly pension based on the need for regular aid and attendance due to his mental incapacity requiring assistance on a regular basis to protect him from hazards or dangers incident to his daily environment.

The Veteran's TDIU claim is being remanded for additional development, including obtaining VA and SSA records, scheduling a VA examination, and considering the impact of his service-connected disabilities on his ability to secure or follow a substantially gainful occupation.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating for her service-connected conditions or establish service connection for any of the claimed conditions.

The appellant's appeal for an increased evaluation for shell fragment wound scars of the forehead and right arm with retained metallic fragments, currently rated as 10 percent disabling, was dismissed because he withdrew his appeal. The only remaining issue is whether there was clear and unmistakable error (CUE) in the original rating action in May 1952 which granted service connection for and assigned a 10 percent rating for shell fragment wound scars of the forehead and right arm with retained metallic fragments.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on the need for regular aid and attendance or housebound status.

The Veteran's claims for service connection for an umbilical scar and cervical dysplasia were denied. The claim for increased rating for migraine headaches was granted with a 10% initial rating effective August 19, 2004.

The Veteran's right lower extremity disabilities, including muscle injuries and degenerative joint disease of the knee, have rendered him unable to secure or follow a substantially gainful occupation. The Board has determined that he meets the criteria for TDIU based on his service-connected disabilities.

The Veteran's appeal is being remanded for further development, including obtaining a VA medical opinion regarding the etiology of his impotence and evaluating his service-connected disabilities.

The Veteran's service-connected scar of the right thigh is manifested by intermittent pain, which warrants a 10 percent evaluation.