Scars decisions — 2009

The case is remanded for additional development, including obtaining consent forms and a further VA examination.

The Veteran's service-connected disabilities (healed right occipital scar, rated 0 percent, right inguinal herniorrhaphy, rated 0 percent, headaches, rated 30 percent, and generalized anxiety disorder, rated 50 percent) are not shown to be of such nature and severity as to preclude him from obtaining or maintaining substantially gainful employment.

The Veteran's scar, which covers an area of 56 sq. cm., is granted a 10 percent rating.

The Board denied initial evaluations in excess of 10 percent for various disabilities, including DJD of the right knee, postoperative meniscal tear of the right knee, DJD of the left knee, DJD and DDD of the lumbar spine, DJD of the right ankle, rotator cuff tear of the right shoulder, DJD of the left hip, surgical scars on the left thigh, left knee, lumbosacral spine, and right knee.

The Board denied the veteran's claims for increased ratings and an earlier effective date for a TDIU, finding that the current assigned ratings were appropriate.

The Board denied service connection for right eye disorders, including conjunctivitis, macular degeneration and scar, presbyopia, dermatochalasis, and cataracts, as the evidence did not show a relationship to active military service.

The Veteran's scar is two inches long, not deep and does not cause limitation of motion. The Board denied an increased rating for the scar.

The Veteran's service-connected disabilities do not preclude him from securing or following substantially gainful employment consistent with his education and industrial background.

The Board denied higher ratings for the cervical spine, post-traumatic headaches, and deviated nasal septum. The Veteran's visual acuity in his left eye was 20/400, and he is legally blind in that eye; however, a remand is necessary to determine the severity of the nonservice-connected right eye.

The Board denied the Veteran's claims for service connection for a left leg above-the-knee amputation and a chest scar, as there was no evidence to support that these conditions were incurred in or aggravated by his military service.

The Court of Appeals for Veterans Claims ruled that the criteria for entitlement to service connection for a back disability are met and that service connection is warranted.

The Veteran's claims for increased ratings for sensory paresis of the right cutaneous nerve, and scars from shell fragment wounds to the right shoulder and arm, and right forearm were denied as the current ratings already reflect the severity of his conditions.

The Board denied service connection for residuals of crushing injury to the left hand, finding no competent medical evidence linking the current condition to active duty service. The Board remanded the issue of entitlement to a compensable disability evaluation for scars of the right hand to the Regional Office.

The Veteran's claim for service connection for a burn scar on the left scalp and face was denied because new and material evidence had not been submitted to reopen the previously denied claim.

The Veteran's service-connected disabilities, including PTSD and diabetes mellitus, are of such severity as to preclude him from obtaining or retaining substantially gainful employment.

The Board found no evidence of a current disability, and denied the claims for service connection for hepatitis and liver scarring.

The Veteran's claims for increased ratings for scars of the right shoulder and forearm, residuals of shrapnel wound, and razor wire lacerations, and for a compensable rating for scars of the right thigh, residuals of shrapnel wound were denied as the evidence did not support an increase in the disability ratings.

The case is remanded for additional development, including the acquisition of updated VA treatment records.

The Board denied the Veteran's claims for increased evaluations for PTSD, bilateral hearing loss, sinusitis and rhinitis, and a superficial scalp wound scar.

The Board denied an increased rating for residuals of a gunshot wound to the left forearm and an initial compensable rating for scars of the left forearm.