Scars decisions — 2010

The Board has remanded the case due to inadequate notice provided to the appellant regarding her DIC claim based on a previously service-connected condition.

The Veteran's rheumatoid arthritis was initially rated as 20 percent disabling prior to February 11, 2009 and increased to 40 percent disabling since then.,The Veteran's left axilla scar was initially noncompensable prior to February 11, 2009 and subsequently rated at 10 percent disabling.

The Board has dismissed the appeals for increased ratings and service connection as there was no timely substantive appeal filed.

The Veteran's initial ratings for scars on the left ear, right ear, anterior neck, right forehead, and left forehead have been granted at a 30 percent rating. A separate 10 percent rating has also been assigned for a scar on the left forehead. No compensable ratings have been assigned for other scars.

The Veteran's service-connected post-surgical right inguinal hernia scar is currently rated at 10 percent, and the Board finds no basis to grant a higher rating based on current evidence.

The Veteran's service-connected scar, left preauricular cheek, status post excision of squamous cell carcinoma, is not characterized by any one of the eight characteristics of disfigurement and does not meet the criteria for a compensable evaluation under Diagnostic Code 7800. The RO denied an initial compensable rating.

The Veteran's appeal is remanded for further development, including a review of his claims file and another VA examination to assess the severity of his scarring associated with residuals of excision of tumor, left parotid.

The Board denied the Veteran's claims for increased ratings for her left foot surgical scars and callus, service connection for low back pain, and scar tissue due to retained placenta. The claim for reopening a previously denied claim of service connection for disequilibrium was also denied.

The Board found that the July 1973 decision did not commit CUE in denying service connection for paranoid schizophrenia, and the October 1991 decision did not commit CUE in failing to assign an earlier effective date. The issues are now considered as a whole.

The Veteran's service-connected right hand disability, characterized by painful scars on the middle and ring fingers, is currently rated at 10 percent. The Board finds that this rating is appropriate based on the evidence of record.

The Veteran's service-connected scars have been rated at 30 percent effective October 23, 2008. The Board finds that the evidence supports a higher rating based on the painful nature of multiple scars throughout his body.

The Board finds in favor of the appellant and grants a 30 percent rating for scars, scalp and jaw, residuals of trauma, and fracture of the right jaw.

The Board denied the Veteran's claims for increased ratings for his service-connected right foot injury and total right knee arthroplasty, finding that the current evaluations were appropriate based on the evidence of record.

The Board denied the Veteran's claim for service connection for burn scars on the chest, neck, and right forearm due to a lack of credible evidence supporting his assertions.

The Veteran's service-connected heart condition effectively prevents him from ambulating without the aid of a wheelchair, which constitutes loss of use of both feet. Therefore, he is entitled to financial assistance in purchasing an automobile or adaptive equipment.

The Veteran's service-connected residuals of chorioretinal scarring of the right eye are manifested by a healed eye injury without incapacitating episodes, and non-centrally located chorioretinal scar with atrophy and pigmentation that does not result in any objective degradation of visual acuity. As such, the criteria for a compensable disability rating have not been met.

The case is being remanded for further examination and consideration of the Veteran's TDIU claim due to his service-connected disabilities, including postconcussion headaches, tinnitus, and a nasal scar.

The Veteran's service connection for multiple disabilities, including PTSD and hearing loss, was granted effective June 13, 2008. The effective date is based on the receipt of his VA Form 21-526 application in June 2008.

The Board found that the service-connected conditions did not cause or contribute to the Veteran's death, and thus denied the claim for service connection for the cause of his death.

The Veteran's combined rating for all service-connected disabilities is 60 percent, which does not meet the criteria for a TDIU. The Board finds that the Veteran is currently employed as a full-time computer technician and is not unemployable due to his service-connected disabilities.