Scars decisions — 2010

The Board denied the Veteran's claims for an initial compensable rating for post-operative right inguinal hernia and a rating in excess of 10 percent for his right inguinal herniorrhaphy scar, finding that there was no evidence of true hernia protrusion or functional impairment warranting higher ratings.

The Veteran's appeal is remanded due to the need for additional VA examinations and treatment records, as well as a VR&E folder. The claim will be readjudicated based on all evidence.

The Veteran's appeal is remanded for additional development including a new VA examination to assess the current severity of his right wrist and hand disabilities and his left hip disability, including the graft site scar on his left hip. The Veteran should also be provided notice regarding how VA assigns disability ratings and effective dates.

The Veteran's service-connected disabilities are sufficient to render him unable to obtain and maintain any form of substantially gainful employment, warranting a TDIU.

The Veteran's claim for a higher rating for his scar, left anterior neck was denied as the evidence did not show that the disability warranted a rating in excess of 30 percent.

The Veteran's claim for a higher disability rating for residuals of shell fragment wounds of right calf with scar and neuralgia of deep peroneal nerve was denied. The reduction from 100% to 20% evaluation for prostate cancer was granted.

The Board has granted a 10 percent rating for the Veteran's left hip iliac crest defect and scar, finding that the pain caused by the underlying bony defect is best addressed under Diagnostic Code 7804.

The Veteran's left hand condition, which includes amputations of multiple fingers and degenerative joint disease, warrants a 60 percent evaluation under the VA rating schedule. The claim for service connection for other conditions remains pending.

The Veteran's increased ratings for his SFW scars and left knee disability are denied as the evidence does not show that any of these conditions warrant a higher rating.

The Veteran's bilateral eye disability has been rated at 30 percent prior to July 20, 2009 and at 50 percent since that date. The claim for higher ratings is denied.

The Veteran's appeal for increased ratings for his service-connected right elbow postoperative residuals of soft tissue mass, muscle herniation, and resultant scar was denied. The Board remanded the case to obtain additional medical records and to schedule a VA examination.

The Board has determined that the Veteran's residual scars of a spontaneous pneumothorax do not meet the criteria for a separate compensable rating under VA's skin disorders rating criteria.

The Board denied the appellant's claim for service connection for scarring, residual, epidermoid cyst excision, forehead as it was not shown to have been incurred or aggravated by service.

The Board found that the Veteran's death was not caused by VA treatment or negligence, and did not find service connection for the cause of his death.

The Veteran's claim for an initial compensable evaluation for scar, residuals of a right inguinal hernia repair was denied. The Board also found that the preponderance of the evidence is against an initial compensable evaluation for this condition under either the former or amended criteria during the appeal period. For his low back disorder, the Veteran's claim for an effective date earlier than October 6, 2000, and a higher initial evaluation was denied.

The Veteran's claim for service connection for skeletal conditions, including knees, fractured ribs, a scarred lung, hip, and elbow is being remanded due to the need for additional development of his service treatment records from 1996 to 1997 and medical records from Heidelberg Army Hospital in Germany and Auburn Imaging in California.

The Veteran's appeal is being remanded due to the need for a new VA examination and additional medical records.

The Board has reopened the claim for service connection for cause of death due to new and material evidence. The Veteran's PTSD is found to have played a substantial role in his death from a motor vehicle accident.

The Veteran's scars of the left arm, face, and back of the head with retained shrapnel have been rated at 10 percent. The claim for service connection for residuals of traumatic brain injury (excluding scars and headaches) has also been granted.

The Veteran's claims for initial compensable ratings for hearing loss in the right ear and increased initial ratings for service-connected residuals of a shrapnel wound to the right upper extremity, including scar, ulnar fracture, and muscle disability were denied. The evidence did not meet the criteria for any higher rating under applicable diagnostic codes.