Scars decisions — 2010

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher ratings under applicable VA rating criteria.

The Veteran's service-connected residual scar from excision of lipoma from the back is currently rated at 10 percent, and no greater. The Veteran also has a compensable evaluation for his gunshot wound scars on the left shoulder and chest.

The Veteran's residual scarring of a right thumb laceration is manifested by no more than a painless scar of 4 centimeters in length that is superficial, stable, has no inflammation, and is well healed. The Board concludes that an increased rating for this condition is not warranted.

The Veteran's service connection claims for various conditions, including hearing loss, headaches, cervical and lumbar spine disabilities, hemorrhoids, digestive disorders, a tumor, facial nerve condition, erectile dysfunction, prostate disability, glaucoma, and skin conditions are all granted. The basis of the presumption is exposure to herbicides during active military service.

The Board has denied the Veteran's requests to reopen his claims for service connection for a broken jaw, leg scars, back problems, whiplash, bilateral shoulder injuries, chronic headaches, and chest pain. The evidence received since the May 1998 rating decisions is not new and material.

The Board has denied the Veteran's claim for service connection for Type II diabetes mellitus. The claims for migraine headaches and residuals of a cut on the inner left thigh (right thigh scar) are still pending as further development is needed.

The Board finds that the Veteran's hypertension, acquired low back disability (claimed as chronic low back pain), stomach scar, and tinnitus were not incurred in or aggravated by active service. The STRs do not show any signs of these conditions during service, and there is no evidence to support a finding of service connection for these conditions.

The Board has restored the Veteran's ratings for his service-connected surgical scars, finding that there was improvement in their condition and that they warranted a 10 percent rating.

The Veteran's claim for an increased rating for his service-connected scar below the bridge of the nose was denied as he failed to appear at a scheduled VA examination without providing good cause.

The Board found that defective vision was not incurred in or aggravated by military service and is not shown to have developed as a result of an established event, injury, or disease during active service. The Veteran's cataracts were also determined to be unrelated to his service-connected left eye retinal scar.

The Veteran's service-connected disabilities, which include a right wrist fracture and dislocation with traumatic arthritis, coccygodynia with fracture of the sacral coccygeal joint, and multiple scars, do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's service-connected disabilities do not render her helpless as to be in need of the regular aid and attendance of another person, nor does she meet the criteria for housebound status.

The Board has decided to remand the case for additional development and notification.

The Veteran's claim for an initial rating higher than 10 percent for pseudofolliculitis barbae with scar was granted, and he is currently rated at 10 percent. The temporary total rating under 38 C.F.R. § 4.30 for convalescence following plastic surgery to excise a scalp scar in May 2008 was also granted.

The Board denied the Veteran's claims for service connection for benign prostatic hypertrophy and an increased rating for suprapubic scar, finding that there was no evidence linking his current conditions to his military service.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected left shoulder and left arm disabilities.

The Veteran's appeal is remanded due to his failure to attend a scheduled Travel Board hearing. His claims for service connection and evaluations are pending.

The Veteran's service-connected disabilities, including depression and Xanax abuse (70%), gastroesophageal reflux (GERD) (30%), degenerative arthritis of the cervical spine (10%), and status post laparoscopy including scars (10%), render her unable to secure or follow a substantially gainful occupation.

The Board has remanded the case for additional development, including obtaining VA treatment records and Social Security Administration records. The appellant should be provided with a VA examination to determine if his left leg above-the-knee amputation is related to service, specifically the truck accident in service. Additionally, notice of what evidence is necessary to substantiate a secondary service connection claim should be provided.

The Board has ordered additional development to be completed in order to ensure a complete record for the Veteran's claims. The claims include service connection for a psychiatric disorder and lung scarring associated with pulmonary tuberculosis.