Scars decisions — 2009

The Veteran's claims for initial compensable evaluations for residual scar of a left thumb laceration and tinea unguium of the bilateral toenails, service connection for bilateral hearing loss, anemia, mixed personality disorder (claimed as PTSD), and refractive error of eyes have all been denied. The evidence does not show any current disability that would warrant a compensable evaluation.

The Board has determined that the Veteran's left arm scar and bilateral hammertoes are related to his service, warranting a grant of service connection for these conditions.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his service-connected residuals of head trauma and whether separate evaluations are warranted for any head trauma residuals. The case will also be reviewed under newly enacted criteria for traumatic brain injuries.

The Veteran's shrapnel scar of the right posterior calf is currently rated as noncompensable, and his PTSD is rated at 50 percent. The Board finds that neither condition warrants a higher rating.,PTSD symptoms include impairment in short-term memory, difficulty with motivation and mood, and impaired judgment.

The Veteran's multiple scars, including an ear-to-ear anterior scar from the PEG tube insertion on August 2, 2006, have been rated at 30 percent effective that date. The loss of sense of taste remains at a 10 percent rating throughout the period under review. Dysphagia has been rated at 50 percent effective August 2, 2006.

The Veteran's claims for service connection for an abdominal scar resulting from a Cesarean section and a right knee disorder have been denied as there is no evidence of current diagnoses or chronic conditions during her active duty service.

The Veteran's appeal has been withdrawn and is dismissed.

The Veteran's service-connected scar, residuals of splinter puncture wound, left thigh, does not meet the criteria for a compensable rating under VA's schedular evaluation criteria.

The Veteran's right thigh shell fragment wound with retained foreign bodies and multiple scars is rated at 10 percent disabling. The Board granted his claim for SMC based on the need for regular aid and attendance.

The Veteran's claim for an increased disability evaluation for his bilateral eye disability is being remanded due to the need for additional VA medical records and examination.

The Veteran's service connection for residuals of a right thumb injury and initial rating for left ear scar are both granted. The Veteran is assigned a 10% disability rating for his left ear scar.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on need for regular aid and attendance or housebound status.

The Veteran's shell fragment wound scar, healed fracture of the third right toe, and resultant plantar wart and callus have been rated as a single disability under Diagnostic Code 5310. The Board finds that the criteria for a 30 percent evaluation are met.

The Veteran's claims for increased ratings for degenerative disc disease of the lumbar spine, a facial scar, bilateral hearing loss, and hepatitis C are being remanded due to the need for additional examinations and records.

The Veteran's claims for increased ratings and service connection have been denied as there is no evidence of current disabilities that meet the criteria for compensable ratings or service connection.

The Veteran's cause of death was renal failure, but the VA physician will be asked to determine if his service-connected disabilities contributed substantially or materially to his death.

The Veteran's appeal is being remanded for additional development, including a VA examination to evaluate the service-connected scars of his chin and left ear canal. The claim will be readjudicated on the merits.

The Board found that the February 28, 1973 rating decision did not involve clear and unmistakable error in evaluating the residuals of shell fragment injuries to various body parts. The claim for CUE was denied.

The Board has determined that the Veteran's service-connected right foot and left foot disabilities do not warrant a rating in excess of 10 percent.

The Veteran's request for additional training and computer assistance was denied as it is not necessary to improve his independence in daily living given the severity of his service-connected disabilities.