Scars decisions — 2009

The Board has granted service connection for a scar due to a stab wound to the left chest. The claim of service connection for hepatitis C is still pending.

The Veteran's appeal for compensation under the provisions of 38 U.S.C.A. § 1151 for scar, residual of abdominal surgery has been dismissed as he withdrew his appeal.

The Veteran's service-connected scars of the left buttock and right flank area with retained metallic fragments are currently rated at 10 percent, effective October 8, 2008. The Board found that these scars do not meet criteria for a higher rating as they do not cause functional impairment or require frequent hospitalization.

The Board denied the Veteran's claim for a fee basis outpatient identification card due to the availability of geographically accessible VA facilities that can provide necessary psychiatric services, including at the St. Louis VAMC.

The Board found that the RO's calculation of the Veteran's combined rating of 80 percent was correct in the October 2005 decision and denied the appeal as there is no entitlement to a greater benefit under the law.

The Veteran's claim for a higher initial rating for left parotidectomy scars, rated as 10 percent disabling from August 8, 2003, and rated as 30 percent disabling from August 11, 2008, is denied.

The Board has granted a rating of 30 percent for the veteran's left eye disability, effective as of March 4, 2005.

The Veteran's appeal is being remanded due to his failure to appear at the scheduled hearing. The case will be returned for further action.

The Veteran's appeal was granted, and he is now service-connected for the conditions listed. He also received compensable disability ratings for his shell fragment scars of the feet and residual burn scarring of the right inner ankle. However, he did not receive a rating in excess of 20 percent for residuals of a shrapnel wound to the right medial foot and calf.

The Veteran's service-connected disabilities do not meet the criteria for an extension of the period of eligibility for vocational rehabilitation services due to his ability to overcome employment handicaps and his current capabilities.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has granted service connection for a scar on the left lateral periorbital area based on the Veteran's credible recollection of an in-service injury and the presence of a scar found by VA examination.

The Board has reopened the claim of service connection for macular scarring of the left eye and found that new evidence supports a reopening, but still denies service connection due to lack of evidence linking the condition to service.

The Veteran's claims for initial disability ratings or service connection were denied. The Board found that the evidence did not meet the criteria for an initial compensable rating or higher for his GERD with hiatal hernia, DJD of the right great toe metatarsophalangeal joints with cheilectomy right great toe, and DJD of the left great toe metatarsophalangeal joints and osteotomy left second toe. The Veteran's claims for service connection were also denied.

The Veteran's claims for service connection for malaria, a scar of the head, and a headache disability were denied as there was no evidence of these conditions during or after his military service.

The Veteran's service-connected gunshot wound to the back has resulted in scars but no functional limitation of motion or disability. As such, a compensable rating is denied.

The Veteran's service-connected disabilities do not meet the minimum schedular criteria for a total disability rating based on unemployability. The case is REMANDED to obtain an opinion regarding whether he is capable of securing and maintaining substantially gainful employment.

The Veteran's claim for an earlier effective date of March 3, 2005 for a 10 percent rating for scars of the fingertips of the long and ring fingers of the right hand is granted.

The case is being remanded for additional development, including providing the Veteran with a VCAA notification letter and readjudicating his increased rating claims.

The Board denied the Veteran's claims for service connection for a right knee disability, left knee disability, scar on the head, and hepatitis, non-A, non-B. The evidence did not show current disabilities or in-service incurrence of these conditions.