Scars decisions — 2009

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to Dependency and Indemnity Compensation (DIC) for the cause of the Veteran's death. The evidence now shows a causal connection between the Veteran's service-connected disabilities and his accidental death from a tractor rollover.

The Board denied the Veteran's claims for increased ratings for his left inguinal hernia and groin scar, finding that neither condition warranted a higher rating under VA regulations.

The Veteran's service-connected disabilities are being reviewed to determine if they result in the need for specially adapted housing or special home adaptation grant.

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

The RO granted a 50 percent rating for the appellant's hysterical neurosis, conversion type, effective April 25, 2005. The rating was increased to 100 percent effective April 27, 2007.,The right elbow scar is not rated higher than 20 percent.

The Veteran's right knee disability, including arthritis and instability, is currently evaluated at 20 percent. A separate 10 percent evaluation for arthritis has been granted.

The Veteran seeks a compensable rating for his shell fragment wound scar on the popliteal area of the right lower leg. The case is REMANDED to provide an appropriate examination and consider whether separate ratings are warranted for any associated musculoskeletal or neurological impairment.

The Veteran is seeking service connection for squamous cell carcinoma of the groin area, which he claims is secondary to his service-connected plantar/verruca warts. The Board finds that a VA examination is necessary to determine if there is any relationship between the groin cancer and his in-service conditions.

The Veteran's service-connected PTSD and lumbar spine disability have been granted increased ratings, and he is now eligible for a TDIU based on his combined evaluation of 80 percent.

The Veteran's neck scar, which is rated as 10 percent disabling from September 17, 2003, and 50 percent disabling from July 26, 2006, has been granted a higher initial rating of 50 percent.

The Veteran's service-connected disabilities, including PTSD, diabetes mellitus, and a scar from a shell fragment wound, have resulted in a combined rating of 70 percent. The Board has granted the Veteran's TDIU claim based on these service-connected conditions.

The Veteran's service-connected disabilities, including bilateral hearing loss and tinnitus, do not prevent him from securing or following substantially gainful employment.

The Board has reopened the claim and found that new evidence supports a grant of service connection for residuals of pneumonia, but finds no causal link to active service.

The Veteran's tinea pigmentosa and residual scar due to removal of a cyst from the left knee have been rated appropriately with an initial compensable rating for tinea pigmentosa and a 10 percent rating for the residual scar.

The Board denied the Veteran's claim for service connection for residuals of frozen hands and feet, as new evidence did not establish an etiological link to service. The claim for increased evaluation for gunshot wound to the left scapula was granted with a 20% rating based on limitation of abduction at the shoulder level. The claim for scars, residuals of gunshot wound to the left paraspinal area, was denied as noncompensable.

The Veteran's hepatitis C was increased to a 60 percent rating effective May 16, 2008. His gastritis and appendectomy scar were not granted an increase in ratings.

The Veteran's appeal is remanded due to a need for clarification of the nature and etiology of his neurological symptoms, as well as further examination to determine if there are any residual conditions related to his left wrist injury.

The Veteran's service-connected eczema with slight nondisfiguring scars on the cheeks does not warrant an evaluation in excess of 30 percent due to the lack of evidence supporting a need for systemic therapy or involvement of more than 40 percent of exposed skin areas.

The Veteran's claim for a rating in excess of 10 percent for service-connected anterior chest scars was denied by the Board. The evidence did not show that the Veteran met the criteria for a higher rating due to lack of underlying soft tissue damage or limitation of musculoskeletal function.

The appellant has withdrawn his appeal, and the case is dismissed.