Scars decisions — 2009

The Veteran's claims for increased evaluations of his service-connected scar above the right eyebrow and residuals of a skull fracture with chronic headaches are being remanded to allow for additional examinations and consideration of the revised criteria for traumatic brain injuries.

The Veteran's service connection claims for a right ankle sprain and scarring of the fingers on his right hand are both granted.

The case is being remanded for further development and consideration of the appellant's claim, including providing proper notice under Hupp v. Nicholson and readjudicating the claim considering all evidence since December 2007.

The Veteran's appeal is being remanded for further examination and development of his Social Security Administration records. The Board will then determine if the Veteran's service-connected disabilities render him unemployable.

The Veteran's status-post craniotomy for a brain tumor and postoperative infections with residual seizures, headaches, asymmetrical hearing loss, left extremity paralysis, hair loss, skin damage, head lump, sutures, scars, discoloration and deformed skull was incurred in active service.

The Board has determined that the currently assigned evaluations for facial scars, stress fractures of right and left tibia, and fractures of the left mandible parasymphyseal and right mandibular ramus are appropriate.

The Veteran's service-connected disabilities, including bilateral hearing loss and multiple knee replacements, render him unemployable.

The Veteran's claims for increased ratings for varicose veins of the right lower extremity and scars from bilateral varicose vein surgery were denied by the Board.

The Veteran's service-connected keloid scar from a stab wound to the abdomen with laparotomy is not deep, unstable, or painful; does not lose its covering repeatedly; does not cover an area of 144 square inches or greater; nor does it adversely affect any function. As such, his disability rating remains at noncompensable.

The Board denied compensation under 38 U.S.C.A. § 1151 for a scar in the left pectoral region, service connection for a right inguinal hernia, and service connection for a psychiatric disability (claimed as anxiety).

The Veteran's appeal is being remanded for further examination and evaluation of his service-connected fracture of the right orbit with residuals, including consideration of multiple symptoms claimed.

The Veteran's claim for a scar of the left index finger was granted with an initial evaluation of 10 percent. The effective date for service connection of tinnitus was set at October 29, 2007.

The Veteran does not currently have any diagnosed chronic eye disability for VA purposes, to include a corneal scar of the right eye. Therefore, service connection for an eye disability is denied.

The Veteran's claim for an increased rating for his service-connected left eye disability, which includes blindness with no light perception and corrected visual acuity of 20/25 in the right eye, was denied as there is not sufficient evidence to warrant a higher evaluation.

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

The Veteran's claims for increased evaluations of his service-connected shrapnel wound scars and PTSD are being remanded due to the need for additional examinations.

The Board has granted service connection for scarring of the right eardrum and finds that the Veteran's current residuals are markedly thin right tympanic membrane with retracted with Nature's Type III tympanoplasty. The claim for head injury residuals including disequilibrium is denied as it cannot be substantiated as a matter of law due to its association with service-connected otitis media.

Service connection was not established for the Veteran's left knee disability due to lack of evidence showing it was incurred in or aggravated by active service. However, he is entitled to a 10% rating for his right scapular scar since July 23, 2001.

The Board denied the Veteran's claims for increased evaluations for muscle, nerve, and scar residuals from a gunshot wound of the left thigh. The current ratings are found to be appropriate.

The Board has remanded the case for additional development, including a VA examination to determine the nature and etiology of the Appellant's lumbar disorder.