Scars decisions — 2010

The Board finds that the Veteran's scars, specifically on his right front thigh, anterior lower leg, and posterior thigh, do not meet the criteria for a compensable initial rating prior to November 27, 2002. From November 27, 2002 onwards, they also do not warrant an increased rating.

The Board has determined that the Veteran's claim for an initial compensable rating for macular scar, left eye requires further development under both old and revised VA rating criteria.

The Veteran's appeal has been dismissed as he accepted the disability evaluations granted by VA.

The Veteran's service-connected burn scar, right upper/lateral trunk and residual scars from other injuries are not rated higher than the current levels due to their nature.

The Board has determined that the Veteran's June 21, 2006 emergency treatment at a private medical facility was authorized by VA and constituted an urgent situation. As such, the criteria for payment or reimbursement of unauthorized medical expenses have been met.

The Board denied the Veteran's claims for increased ratings for his service-connected residuals of a right ankle injury, right knee retropatellar pain syndrome, headaches, and neck scar. The evaluations assigned were deemed inadequate.

The Veteran's PTSD was granted an initial rating of 10 percent from March 2, 2006 and increased to 30 percent effective July 27, 2009. The Veteran's shell fragment wound residuals were rated at 20 percent, with the scar as a residual rated at 10 percent.

The Veteran's claims for increased ratings were denied. The appeal was withdrawn regarding the issue of service connection for chronic fatigue syndrome, to include as due to an undiagnosed illness. For colitis with reversed ostomy, scar, and pancreatitis, the rating remained at 30 percent. For migratory arthritis of the hips, knees, shoulders, hands, and lumbar spine, the rating also remained at 20 percent.

The Veteran's claims for an effective date prior to July 5, 1996 for the grant of service connection and a compensable evaluation for his right wrist scar were denied. The Board found that the December 1996 rating decision was final as to the effective date assigned at that time.

The Board has denied the Veteran's claims to reopen his service connection claims for residuals of a broken jaw and macular scar on the left eye, finding that new and material evidence was not submitted.

The Board has determined that the reduction in the evaluation for the Veteran's service-connected residuals of a total abdominal hysterectomy and right salpingo oophorectomy with scar from 50 percent to 30 percent was proper.

The Board found that the Veteran's service-connected scar, residual of appendectomy, does not warrant a rating in excess of 10 percent.

The Veteran's claims for service connection for a right lower back scar, left eyebrow scar, bilateral wrist disorder, pseudofolliculitis (razor bumps), and bilateral knee disorder have been resolved as the AOJ granted these claims in October 2009. As such, there is no longer an issue of fact or law before the Board pertaining to these claims.

The Veteran's service-connected left knee and right hip disabilities were not rated higher than the current assigned disability ratings during the period from February 18, 1998, until October 6, 2004.

The Veteran's scar of the scalp and associated migraines are currently rated at 50 percent, reflecting a significant level of disability.

The Veteran's service-connected disabilities alone are not of such severity as to preclude him from obtaining and retaining substantially gainful employment.

The Veteran's claims for service connection were denied, and the initial compensable evaluation for hypertension was also denied. The Board found no evidence to support the Veteran's claims for PTSD, right arm scar, skin rash, inguinal hernia, migraine headaches, residuals of a left knee injury, or low back disorder.

The Veteran's service-connected residual left hernia scar and left ilio-inguinal nerve paralysis are currently rated at the minimum levels, with no evidence of additional functional impairment warranting a higher rating.

The Veteran's appeal is being remanded for additional development to address the issues of service connection and TDIU.

The Veteran's service-connected disabilities, including his PTSD, have rendered him unable to secure and maintain substantially gainful employment. Therefore, a TDIU is granted.