Scars decisions — 2009

The Veteran's service-connected right eye disability, characterized as corneal scar with aphakia, does not meet the criteria for a higher rating than 30 percent.

The Veteran's claims for service connection for tinnitus and an increased rating for achalasia with scarring from post esophageal surgery were denied. The Veteran was previously awarded service connection for achalasia with scarring from esophageal surgery, but the current appeal is about establishing a new basis for service connection or increasing his existing disability rating.

The Veteran's scar on the right third finger is found to be related to military service, and he is granted service connection for this condition.

The Veteran's service connection claims for a residual scar of the right eyebrow, headaches, hearing loss and tinnitus are granted.

The Board has granted a 10 percent evaluation for the Veteran's residuals of a left eye injury, resolving all doubt in his favor. The claim for a separate rating for scarring from the left eye is referred to the RO for further action.

The Veteran seeks an increased rating for a postoperative scar on his right chest, which he claims is related to a service injury. The VA has ordered further examination and development of the case.

The Veteran's appeal has been dismissed as the pending issues have been satisfied by recent rating actions.

The Veteran requested an earlier effective date for a separate 10 percent rating assigned in April 2006 for his status postoperative left inguinal hernia repair. The Board denied this request, finding that the effective date could not be earlier than April 1, 2002.

The Board denied service connection for the cause of the Veteran's death and denied DIC benefits based on need for regular aid and attendance or being housebound. The preponderance of evidence does not support a finding that any service-connected disability caused or contributed to the Veteran's death.

The Veteran's claims for earlier effective dates for the grants of service connection for various disabilities, including weakness of the left and right upper extremities, scars, tinnitus, numbness of the scalp, a neck scar, hypertension, and left ear hearing loss, are denied as they attempt to vitiate the finality of the February 2003 rating decision assigning an effective date of October 9, 2001.

The Board denied the appellant's claims for increased ratings for his hidradenitis suppurativa and donor site scars, finding that the evidence did not support higher evaluations. The TDIU claim was also denied.

The Veteran's gynecological conditions, including miscarriage and endometriosis, were not incurred or aggravated by service. The recurrent ovarian cysts, severe pelvic adhesive disease, and hysterectomy are unrelated to service.

The Veteran's service-connected disabilities, which include PTSD, shrapnel wounds, and lymphoma, are rated at a combined 60 percent. However, the VA compensation examiners concluded that his disabilities do not prevent him from obtaining or maintaining substantially gainful employment.

The Veteran's service-connected disabilities do not meet the criteria for a certificate of eligibility for financial assistance in acquiring specially adapted housing or a special home adaptation grant due to their severity and nature.

The Board denied the appellant's application to reopen her claim of service connection for the cause of the veteran's death, finding that no new and material evidence had been submitted.

The Veteran's PTSD with anxiety reaction is rated at 30 percent, effective July 18, 2005. His shell fragment wound scar on the left side of his face remains at a 10 percent rating. The claim to reopen service connection for loss of teeth due to a gunshot wound was denied as new and material evidence had not been submitted.

The Board found no evidence of in-service exposure to ionizing radiation or appendicitis, and denied service connection for all claimed conditions.

The Veteran's appeal is remanded for further development, including a VA examination to determine if his service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Board has determined that the Veteran's service-connected PTSD contributed to his death, and thus grants service connection for cause of death.

The Veteran's service-connected shell fragment wound scar to the lower abdominal wall has been rated at a noncompensable evaluation since September 2004. Effective October 30, 2008, the VA assigned a compensable (10%) disability rating for this condition.