Scars decisions — 2009

The case is being remanded for additional development, including obtaining a new examination and any outstanding medical records.

The veteran's claim for a rating in excess of 10 percent for a scar on the dorsum of the right middle metacarpal was denied as the evidence did not show that the scar caused impairment of function separate and distinct from the underlying bony abnormality.

The veteran's claims for increased initial evaluations for PTSD, residuals of a gunshot wound, bowel resection, and degenerative joint disease, lumbosacral spine, with metallic debris at posterior abdomen at L4-L5 were denied. The veteran was also denied an earlier effective date for the grants of service connection for these disabilities.

The Board remands the claim for additional development, including obtaining outstanding medical records and scheduling a VA examination.

The veteran's claim for an increased rating for his umbilical herniorrhaphy scar was denied, and the claims to reopen service connection for degenerative joint disease of the lumbar spine, peripheral vascular disease, peripheral neuropathy of the left and right lower extremities, and peripheral neuropathy of the left and right hands were also denied.

The veteran's claim for service connection for urethral stricture was not reopened, but a 10 percent rating was granted under 38 C.F.R. § 3.324 for multiple noncompensable service-connected disabilities that interfere with normal employability.

The Board dismissed the veteran's claims for earlier effective dates for service connection based on a difference of opinion, as there was no evidence of a 'difference of opinion' between the medical evidence at the time of the June 1969 and March 2003 rating decisions.

The veteran's claims for service connection for right hand, left hand, right foot, and left foot disabilities, and a total right knee and left hip replacement were denied. Service connection was granted for scarring of the left tympanic membrane.

The Board denied the veteran's claims for increased disability ratings, finding that the evidence did not support a compensable rating for his service-connected scar of the right index finger and that there was no basis to increase the 10 percent ratings for osteoarthritis in the knees.

The appeal is dismissed as the benefit sought is already in effect.

The Board granted a 40 percent rating for status post lumbar fusion, L4-L5, with Tarlov cysts and denied a compensable evaluation for scar, status post left inguinal hernia repair.

The September 1983 Board decision that denied entitlement to a disability rating in excess of 10 percent for the residuals of the amputation was found to be clearly and unmistakably erroneous, as it failed to consider whether the February 1970 award of a separate 10 percent rating for the scar was correct or if the discontinuation of the 10 percent rating for the scar in October 1982 was proper. The Board determined that the veteran is entitled to restoration of his 10 percent disability rating for the scar from January 1, 1983.

The appeal is remanded to the RO for additional medical development and evidentiary review.

The Board denied service connection for a bilateral eye disability, to include glaucoma, as there was no credible evidence of an injury in service.

The veteran's claims for increased ratings for neurodermatitis on the face and forearms, as well as sinusitis, were denied.

The veteran's right shoulder tendinitis is rated at 20 percent disabling, and the other conditions are not rated compensably.

The veteran's claim for an earlier effective date was denied as the September 2002 rating decision is final, and there is no evidence of a compensable increase in disability within one year prior to January 12, 2004. The veteran's special monthly compensation claim was also denied.

The veteran's claim for an increased rating for residuals of shell fragment wound, right leg, was denied as the evidence did not support a higher disability rating.

The appeal was dismissed due to the death of the appellant.

The veteran meets the criteria for special monthly compensation based on the need for regular aid and attendance, but does not meet the criteria for being housebound due to a service-connected disability.