Scars decisions — 2009

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims, including obtaining relevant medical records and scheduling a VA examination.

The case is being remanded for further examination and development due to incomplete service medical records.

The Veteran's claim for an increased rating for his left hip femoral neck fracture with scar is being remanded due to the need for additional medical examination and development of records.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as his combined disability rating is 40 percent, and he can perform sedentary employment.

The Board has determined that a new VCAA notice is required to be provided to the appellant, as it relates to the conditions for which the Veteran was service connected at the time of his death and the evidence needed to substantiate the DIC claim based on those conditions.

The Board has determined that the Veteran's left knee, low back, and left foot conditions were not incurred or aggravated by service. The preexisting skin graft scar of the left knee did not undergo a permanent increase in disability as a result of active service.

The RO denied service connection for a chronic low back disorder and a chronic left ankle disorder to include a scar. The Veteran's prestabilization temporary total rating was terminated, but the decision is not considered clearly and unmistakably erroneous.

The Veteran's service-connected stomach and left thigh scars were found to be asymptomatic, resulting in a denial of increased disability ratings.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as they are not sufficiently severe to prevent him from engaging in substantially gainful employment.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board has denied the claim for DIC benefits as there is no legal basis for the claim or undisputed facts rendering the appellant ineligible.

The Veteran's service connection claim for the 1 by 7 cm left lateral fibular scar is granted. However, his claim for a left leg disability other than the scar is denied.

The Veteran's claim for disability compensation under the provisions of 38 U.S.C.A. § 1151 was denied because there is no evidence to support that his loss of a tooth and residual scar were caused by VA care, or if they were, it was not due to negligence on VA's part.

The Veteran's claim for service connection for a scar of the left leg is granted. The Board finds that there is sufficient evidence to support the conclusion that his current right hip disability is not related to his service-connected right knee disability.

The Board denied service connection for the Veteran's claimed conditions, finding that there was no evidence of a current disability or a link to service.

The Veteran's claim for an initial disability rating in excess of 10 percent for a residual scar from a gunshot wound to the abdomen was denied by the Board.

The Veteran's multiple sclerosis is found to have begun during her active service, and she is granted service connection for this condition.

The Board has granted a rating of 40 percent for the Veteran's right thoracotomy, scar, with damage to MGs I and II, three tube site scars, effective from the date of the decision.

The Veteran's gunshot wound residuals, including muscle injury to Muscle Groups I and II, are rated at 30 percent. The scars of the neck and posterior chest are currently rated as 10 percent.

The Board denied a separate compensable rating for the shell fragment wound scar of the left fifth metatarsal, finding that the current level of disability is adequately covered by the existing 10% evaluation for residuals of shrapnel wounds of the left foot.