Scars decisions — 2010

The Board has denied the Veteran's claims for service connection for hyperlipidemia, a colon cyst, scars from laparoscopic cholecystectomy, and short-term memory loss. The decision found that the Veteran did not have current disabilities for which he could be granted service connection.

The Veteran's claim for service connection for a scar from a spider bite is being remanded due to the need for a VA medical examination.

The Board has remanded the case to the RO for additional development, including obtaining records of medical treatment during active duty in West Germany and psychiatric hospitalization at Fort Hood.

The Board has determined that the Veteran's decreased visual acuity, leg scar, and neck scar are all service-connected as direct service connection. Tinnitus is also service connected due to in-service noise exposure.

The Veteran's service-connected laceration scar of the left hand is currently rated as noncompensable. The VA examiner found no evidence of pain or instability in the scar, and thus a compensable rating is not warranted. Service connection for positive PPD was denied due to it being a laboratory test result and not a disability.

The Board denied the appellant's claim for DIC benefits under 38 U.S.C.A. § 1318 as it is not legally meritorious due to the Veteran dying more than 5 years following his separation from active service and was not receiving or entitled to receive compensation at a 100 percent rate for the required period.

The Veteran's claims for service connection for right and left forearm scarring, which are secondary to his service-connected eczematous dermatitis, have been remanded due to the need for additional development of the record.

The Board found that the Veteran's current cardiac disability was not incurred in or aggravated by service and denied his claims for service connection. The respiratory disability is also not shown to be related to service, and the scars are not shown to have been incurred in or aggravated by service.

The Board found that the Veteran's service-connected gunshot wounds and varicose vein conditions did not contribute to his death. The causes of death listed on his death certificate were sepsis, respiratory failure, old cardiovascular accident, and diabetes mellitus.

The Veteran's claims for increased ratings and service connection were denied. The Board found that her cervical spine disorder did not meet the criteria for a higher rating, and her right breast scar did not warrant a compensable rating.

The Veteran's claim for an increased rating of 30 percent for service-connected scars, post-trauma to head and face was denied. The Board found that the current level of disability did not meet the criteria for a higher evaluation under Diagnostic Code 7800.

The Veteran's claims for increased ratings and service connection were denied. The Veteran currently has a non-compensable rating for migraine headaches, a 10 percent rating for sinusitis with allergic rhinitis, and no compensable rating for an abdominal scar. Service connection for hypertension was not established.

The Board has granted service connection for residual scarring of the right heel, finding that it is a residual of an in-service injury. The Veteran's previously denied claim was reopened due to new and material evidence.

The Board has determined that the Veteran's current right hip disability, including osteoarthritis and scars from a previous injury, is related to his active service. Service connection for this condition is granted.

The Veteran's claim for special monthly compensation based on need for aid and attendance or by reason of being housebound is remanded due to the need for additional development, including a VA examination.

The Veteran was not rated as totally disabled at any time prior to his death, and therefore does not meet the minimum requirements for DIC benefits under 38 U.S.C.A. § 1318.

The Veteran's claim for an increased evaluation for his service-connected median mononeuropathy with osteoarthritis from a fracture of the left wrist, along with separate ratings for left upper extremity peripheral neuropathy and surgical scars, was granted by the RO. The current rating is 20 percent disabling.

The Board is reopening the claim for service connection for a skin disorder of the torso on the basis of new and material evidence. However, the Board is remanding this reopened claim to the RO for further development and consideration.

The Board has denied the Veteran's claims for initial compensable evaluations for his scars of the left thumb and right upper arm, finding that there is no evidence of painful or unstable scars to warrant a higher evaluation.

The Veteran's initial disability rating for asbestosis was granted at 10 percent, and service connection for residuals of pneumonia and scarlet fever were also granted.