Scars decisions — 2010

The Veteran's service-connected scar on the left forearm is tender and painful, warranting a 10 percent evaluation.

The Veteran's initial claim for a higher evaluation for scar residuals of a bayonet wound in the right upper quadrant was denied. However, his ventral hernia residual from the same injury received an initial compensable evaluation (10 percent).

The Veteran's scar of the middle back was incurred in service and granted. The right ear hearing loss claim resulted in a non-compensable rating.

The Board has remanded the case to the Department of Veterans Affairs Regional Office for further development, including an ophthalmological examination and a detailed medical opinion regarding whether the Veteran's preexisting eye condition was aggravated by service.

The Veteran's original claim of service connection for scars of the head and neck was filed on October 26, 1971. The effective date is now set at October 26, 1971.

The Veteran's claim for service connection for a bilateral refractive error, claimed as a left corneal scar with degeneration and visual loss is denied. The Board found that the current medical evidence does not show a chronic bilateral eye disability incurred in or aggravated by active military service.

The Board denied the Veteran's claims for service connection for a left foot or ankle disability and an increased rating for his right foot shell fragment wound scar, finding that there was no evidence of a nexus between the disabilities and active duty service.

The Board dismissed the appeal of peripheral neuropathy due to withdrawal by the Veteran. The skin disorder claim is granted as chloracne with scarring, presumed due to Agent Orange exposure. The erectile dysfunction claim is denied as new and material evidence was not submitted. SMC for loss of use of a creative organ is denied.

The Board denied the Veteran's claims of service connection for headaches, a low back disability, refractive error in left eye, and left eye astigmatism due to corneal scar as secondary to his service-connected shrapnel wounds. The Board found no evidence linking these conditions to service or any service-connected disabilities.

The Board has determined that the Veteran does not have a current diagnosis of PTSD and there is no evidence to support service connection for psychiatric disability, including PTSD. The Veteran's right thigh scar was granted service connection but with a noncompensable rating.

The Veteran's special separation benefits were properly recouped from his VA disability compensation due to the law requiring such action.

The Veteran's PTSD is service connected, and he is assigned a separate 10 percent rating for each of his scars. The RO increased the initial rating from 20 percent to 10 percent effective April 2009.

The Veteran's claim for an earlier effective date for a total schedular evaluation for PTSD is remanded due to the need for additional development of his vocational rehabilitation and Social Security Administration records.

The Veteran's claims for increased ratings for his right hand and elbow disabilities, as well as service connection for PTSD and tinnitus were denied. Service connection was granted for PTSD and tinnitus.

The Veteran's service-connected lumbar spine disability is rated at 20 percent, with separate ratings for radiculopathy of the left and right lower extremities. The Veteran also has painful scars from her back surgeries.

The Veteran's neck and right inguinal hernia repairs are related to his military service, warranting service connection. The Veteran's right knee disability is currently rated at 10%.

The Veteran's appeal is remanded due to the need for an additional VA examination of his right eye disability, as he reported recent episodes and concerns about his vision. The current rating remains at 10 percent.

The VA denied an increased rating for the appellant's shrapnel wound scar of the right leg, as it did not meet the criteria for a higher evaluation under the applicable diagnostic code.

The Veteran's appeal is remanded due to non-compliance with the November 2009 decision and remand. The case will be scheduled for a video conference hearing before a Veterans Law Judge at the Cheyenne, Wyoming RO.

The Veteran's claim for TDIU is being remanded due to the need for a new VA examination to incorporate all of his service-connected disabilities, including tinnitus.