Scars decisions — 2009

The Veteran's metastatic carcinoma of the lung was not incurred in or aggravated by his military service and may not be presumed to have been incurred in service. A service-connected disability did not cause or contribute substantially or materially to the Veteran's death.

The Board has granted separate evaluations of 10 percent for each of the seven identified hand scars, as they are painful and do not cause limited motion or exceed 144 square inches.

The Veteran's claims for increased ratings and service connection were denied. The Board found no evidence of a current left hand disorder, lower back disorder, heart disorder, or renal disorder related to service. The Veteran's muscle injury was rated at 20 percent disabling.

The Veteran's service-connected right hand disability, to include scars of the palm and fifth finger, is manifested by symptoms of pain on examination and use. The Board has granted a separate 10 percent evaluation for each scar under Diagnostic Code 7804 and a 10 percent evaluation for limitation of motion of the fingers under Diagnostic Code 5229.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and arranging for a medical examination to assess his employability due to service-connected disabilities.

The Board has granted service connection for Degenerative Disc Disease of the Cervical Spine and Left Eye Disability with Defective Vision and Scarring, finding these conditions are related to military service. Service connection was denied for a Back Disability (Low Back Pain).

The Veteran's service-connected disabilities do not meet the schedular requirements for a total disability rating based on individual unemployability.

The Veteran's claim for service connection for scarring of the lungs was denied as there is no evidence linking his current lung disorder to military service.

The Veteran is seeking service connection for bronchitis and chronic scarring of the bilateral lungs as a result of asbestos exposure. The case must be remanded to obtain an opinion regarding whether these conditions are related to in-service asbestos exposure.

The Board has determined that there is no evidence linking the Veteran's arthritis of the right ankle to her service, and thus denied her claim for service connection.

The Veteran's appeal was denied as his service-connected residual scar on the middle of his back does not meet the criteria for a compensable disability rating.

The Board found that the Veteran's service-connected disabilities did not contribute to his death, and thus denied both the cause of death claim and the DIC claim under 38 U.S.C.A. § 1318.

The Veteran's scars have been rated at 10 percent since May 14, 2009. The current rating is appropriate given the size and nature of his scars.

The Veteran's left wrist ganglionectomy scar, low back strain with mechanical low back pain and an enlarged L5 transverse process from October 30, 2002, and his left eye pterygium from September 30, 2002 were all denied as the conditions did not meet the criteria for a compensable evaluation.

The Board found no CUE in the prior rating decisions denying a TDIU, as there was insufficient evidence to determine if the Veteran's service-connected disabilities precluded him from securing or maintaining gainful employment.

The Veteran's claim for an earlier effective date for the grant of service connection for skin cancer (malignant melanoma), status post skin graft with scar was denied as there is no indication that he filed a claim to reopen prior to May 8, 2003.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation (SMC) based on the need for regular aid and attendance of another person or by reason of being housebound.

The Veteran's claim for a total rating based on individual unemployability due to service-connected disabilities was denied as his combined disability rating is less than the threshold requirements for TDIU.

The Veteran's claims for compensable ratings and effective dates have been denied. The Board found that the service-connected conditions did not meet the criteria for a compensable rating.

The Board has denied the appellant's claims for a compensable evaluation for his service-connected right thigh shrapnel wound residual scar, eligibility for nonservice-connected pension benefits, and entitlement to a total disability rating for compensation on the basis of individual unemployability. The appeals are all denied.