Scars decisions — 2009

The VA has determined that the Veteran's service-connected disabilities, including shrapnel wounds to his fingers and forehead, do not meet the criteria for a total disability evaluation based on individual unemployability due to service-connected disabilities.

The Veteran's claims for increased ratings and an effective date prior to April 2, 2007 for a separate evaluation of the right cheek skin graft scar were denied. The Board found that the evidence did not meet the criteria for higher evaluations or earlier effective dates.

The Veteran's service-connected disabilities, including bilateral hearing loss and a corneal scar of the right eye, require him to be in need of regular aid and attendance due to his inability to dress or undress himself, keep himself clean and presentable, and protect himself from daily environmental hazards.

The Veteran's service-connected shrapnel wound scars of the left arm and foot, as well as residuals of a punji stick wound to the rectal area, do not meet the criteria for a compensable disability rating.

The Board found that the Veteran's cause of death was not related to service-connected conditions, and thus denied the claim for service connection for the cause of his death.

The Veteran's service-connected lumbar degenerative disc disease, shell fragment wound of the upper right arm with retained foreign body and residual scar involvement, and shell fragment wound of the right knee are currently rated as 40 percent disabling. The appeals for higher ratings remain denied.

The Board has denied the Veteran's claims for an initial compensable rating for surgical scar and a rating in excess of 20 percent for degenerative joint disease of the cervical spine, C5-7, status post spinal fusion.

The Veteran's service-connected disabilities, while rated at a combined evaluation of 70 percent, do not preclude him from engaging in substantially gainful employment consistent with his education and occupational experience.

The Veteran's appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Board is remanding the case to consider whether separate ratings are warranted for each of the service-connected scars on the left tibia, as they may be symptomatic and not in widely separated areas. The Veteran should also be provided with a VA skin examination.

The Veteran's claim for service connection for night vision loss and a compensable initial rating for his residual scar, incision and drainage abscess to the left buttock was denied due to failure to report for a VA examination. The claims are remanded for further development.

The Veteran's scar, due to the residuals of a thyroidectomy, is currently evaluated at 10 percent and the Board finds that an increased rating is not warranted based on the evidence provided.

The Veteran's claims for increased ratings and service connection have been denied. The Board found that the evidence did not meet the criteria for higher ratings or service connection.

The Veteran's claim for service connection for bilateral hearing loss and an initial rating in excess of 10 percent for scars, residuals of Ewing's sarcoma, left lower extremity was denied. The Board found that the Veteran did not meet the criteria for a current disability as defined by VA regulations.

The Veteran's appeals for increased ratings were denied. The Board found that the evidence did not support higher evaluations for headaches, left and right lower extremity disabilities, or scars.

The Veteran's claims are being remanded for further development, including VA examinations to determine the current severity of his left eye disability and etiology of any respiratory disorder. The service connection claim is based on direct evidence rather than a presumption or new material.

The Board has determined that the Veteran does not have asbestosis or a scar on his right eyelid incurred in service and denied both claims.

The Veteran's service-connected right lower parietal scalp scar does not result in any current ascertainable residuals, and therefore a compensable disability rating is denied.

The Board denied the Veteran's claims of service connection for headaches, left knee disability, right elbow laceration scar, and depression due to a lack of competent evidence linking these conditions to his military service.