Scars decisions — 2009

The Board has determined that new and material evidence has been received to reopen the appellant's claim for service connection for the cause of the Veteran's death. However, the claim was denied on the merits as there is no evidence showing a direct relationship between any service-connected condition and the Veteran's cause of death.

The Veteran's appeal for service connection for a scar of the right deltoid has been granted. The issue of entitlement to service connection for a skin disorder other than a scar of the right deltoid remains pending.

The Board has denied the Veteran's claims for earlier effective dates for service connection and compensation for pseudofolliculitis barbae with facial scarring, right knee degenerative joint disease, and left knee degenerative joint disease. The earliest effective date that can be assigned is November 19, 2002.

The Veteran's death was not determined to be service-connected, and the Board denied DIC benefits under 38 U.S.C.A. § 1318 as his service-connected disabilities did not meet the criteria for total disability rating based on individual unemployability.

The Veteran's appeal is remanded for additional development of evidence, including a VA examination to assess the impact of his service-connected disabilities on his employability.

The Veteran's appeal for higher initial evaluations for her service-connected conditions was dismissed due to her withdrawal of the appeal concerning a higher initial evaluation for adjustment disorder, currently evaluated as 30 percent disabling.

The Veteran's claims for service connection and increased rating for his disabilities were denied. The Board found no evidence of a current disability related to the claimed conditions, and thus denied these claims.

The Veteran's service-connected disabilities, including PTSD and dysthymic disorder, prevent him from obtaining substantially gainful employment. The Board has granted TDIU based on the evidence of record.

The Board denied higher initial ratings for the Veteran's service-connected left leg radiculopathy, glans penis bifurcation, and scars, but referred his glans penis bifurcation claim to the Under Secretary for Benefits or the Director of Compensation and Pension Service for consideration of an extraschedular rating.

The appeal is remanded for further development, including a new VA examination to determine the etiology of the Veteran's squamous cell carcinoma and keratocanthoma.

The Veteran withdrew his appeal for initial compensable evaluations for hypertension and residuals of a scar on the left toe.

The Veteran's claim for an earlier effective date and a higher initial rating for the scar on his right hand was denied as there is no evidence of entitlement to service connection within one year of discharge, and the current disability does not warrant a rating in excess of 10 percent.

The Board denied service connection for the cause of death of the Veteran, finding that his service-connected chronic gastritis with history of peptic ulcer was not a principal or contributory cause of his death.

The appeal is remanded to the RO for further development of evidence regarding the alleged eye surgeries in April 2002 or May 2002.

The Veteran's service-connected scar, status post right inguinal hernia repair, does not meet the criteria for a rating in excess of 10 percent.

The Veteran's service-connected disability was not continuously rated totally disabling for a period of 10 or more years immediately preceding death, and therefore the criteria for payment of DIC benefits under 38 U.S.C.A. § 1318 have not been met.

The Veteran's tinnitus is service-connected as it is causally related to his in-service acoustic trauma.

The appellant has residuals of an in-service right ring finger dislocation, and service connection is granted.

The Veteran's claim for service connection for a painful facial scar, lip to jaw was denied because there is no evidence of the claimed condition in service or currently.

The Board denied the Veteran's claims for increased ratings for surgical scars on both hips, finding that the evidence did not support higher ratings under the applicable criteria.