Scars decisions — 2009

The Veteran's claim for an increased disability rating for his service-connected right eye scarred cornea is being remanded due to the need for additional development, including providing notice and obtaining medical records, as well as arranging for a new examination.

The Board has denied the Veteran's claims for service connection for sleep apnea, hypertension, and a cardiac condition due to lack of evidence linking these conditions to his military service.

The Board denied the Veteran's claim for payment or reimbursement of unauthorized private medical treatment on July 13, 2007 due to lack of prior VA authorization and because VA facilities were available.

The VA medical treatment provided in March 1996 was deemed proper, and the scarring of the left side of the face is considered a necessary consequence of that treatment.

The Veteran's service-connected deep muscle injury residuals from a shell fragment wound to the left lateral chest are granted with a rating of 20 percent. A separate compensable disability rating for a scar as a residual of SFW to the lateral left chest is also granted, and chronic bilateral epididymitis is assigned a compensable disability rating.

The Veteran's residuals of a gunshot wound of the left lower leg, with scar, are not productive of moderately severe damage to Muscle Group XI and thus do not warrant an increased rating. The Board also found no competent medical nexus evidence linking his back disability to service or service-connected conditions.

The Veteran's service-connected disabilities were not continuously rated totally disabling for at least five years from the date of his separation from service, and therefore, he is not eligible for DIC under 38 U.S.C.A. § 1318.

The Veteran's service-connected disabilities do not prevent him from engaging in substantially gainful employment, as his GAF score indicates mild symptoms and he is able to perform activities of daily living. His hearing aids allow him to work in most situations, and his tinnitus is described as bothersome rather than disabling.

The Veteran's service-connected left eye disability results in vision limited to no worse than 20/40, with no significant impairment of field of vision. The Board finds that the preponderance of evidence does not support a higher rating.

The Veteran has withdrawn his appeals regarding the issues of service connection for chronic pneumonia, an evaluation in excess of 40 percent for low back strain, and a compensable evaluation for abdominal scars. As such, these claims are dismissed.

The Board found that the Veteran's death was not caused by a service-connected condition, and thus denied the claim for service connection for the cause of the Veteran's death.

The Veteran's service-connected right hand and index finger disability is currently rated at 10 percent, but the appeal seeks a higher rating. The VA denied an increased rating for his service-connected residuals of an injury to the dorsum of the right hand and right index finger.

The Board found that the Veteran's service-connected duodenal ulcer did not cause or contribute substantially to his death from infection due to chronic lymphocytic leukemia and small cell lymphoma.

The Veteran's claims are being remanded for further development, including VA examinations to assess the current nature and severity of his service-connected disabilities.

The Veteran's appeal is being remanded to obtain additional VA treatment records and provide VCAA compliant notice.

The Board has granted the Veteran's claims for higher initial ratings for burn scars of the left and right hands, but denied his claim for an earlier effective date for the increased rating of 80 percent for burn scars of the face.

The Veteran's claims for service connection for scarring of the left ear, including the left ear drum and vertigo have been denied as there is no current evidence of these conditions.

The Veteran's representative withdrew all issues on appeal, and the appeals are dismissed.

The Board denied the Veteran's request for a computer under Chapter 31, finding that it is not necessary to assist him in functioning independently or in the community.

The Board has determined that the grant of service connection for residuals of right inguinal hernia repair was not clearly and unmistakably erroneous, and therefore restoration of service connection is warranted. The Veteran's claim for an initial compensable rating for residuals of a right groin cyst removal and right inguinal hernia surgery remains unresolved.