Scars decisions — 2010

The Veteran's laceration of the right spinal accessory nerve and subsequent atrophy of the right sternocleidomastoid and trapezius muscles are found to be caused by carelessness, negligence, or lack of proper skill on the part of VA in furnishing treatment. The soft tissue scar, swelling, numbness, status post radical neck dissection is not considered an additional disability due to a foreseeable risk of surgery.

The Veteran's service-connected right hand disability is characterized by pain, weakness, and diminished grip strength. The Board denied the claim for a higher evaluation as his symptoms do not warrant an increase in rating beyond 20 percent.

The Veteran's claim for a rating in excess of 10 percent for his service-connected residuals of an abdominal stab wound, with a laparoscopy scar and ventral hernia, secondary to a temporary colostomy is being remanded due to the need for additional examination and development.

The Veteran's skin disorder, characterized by multiple pitting scars covering the beard area, including a 6 cm x 2 mm lateral scar line across the cheek and an 11 cm fold under his chin, does not meet the criteria for a rating in excess of 10 percent as it does not demonstrate visible or palpable tissue loss with either gross distortion or asymmetry of one feature or paired set of features or two or three characteristics of disfigurement.

The Board denied a compensable rating for the Veteran's residual scar from an appendectomy, finding that it did not meet the criteria under VA's schedular guidelines.

The Board finds the evidence to be in relative equipoise, with the Veteran prevailing, and grants special monthly compensation based on the need for aid and attendance of another person as a result of his service-connected disabilities.

The Veteran's claims for initial compensable ratings for hypertension and diverticulitis, status-post colon resection were denied. The evidence did not show the required symptoms to warrant a compensable rating under applicable VA disability evaluation criteria.

The Veteran seeks service connection for a burn scar on the third finger of his right hand. The Board has determined that an examination is needed to determine if there are any current residuals from the burn injury sustained in service and whether such residuals are related to service.

The Veteran's appeal was dismissed due to his death.

The Veteran's service-connected disabilities, alone, do not meet the criteria for TDIU under schedular standards. The Board finds that TDIU is not warranted on a schedular or extra-schedular basis due to the presence of non-service connected conditions and the Veteran's educational background.

The Veteran's service-connected folliculitis is rated at 10 percent effective February 25, 2009. The rating for the scar of the left ring finger remains unchanged.

The Board has determined that the Veteran's right foot disorder is related to his service-connected right leg disorder and has granted service connection for this condition.

The Veteran's current conditions were not caused by VA medical treatment, and the proximate cause of his additional disability was not an event reasonably foreseeable. Therefore, he is not entitled to compensation under 38 U.S.C.A. § 1151.

The Veteran's claims for higher initial ratings were denied. The VA found that the scars and nerve paralysis did not warrant a compensable rating.

The Veteran's claims for service connection of basal cell carcinoma, a right hip disability as secondary to muscle strain of the back with arthritis, and varicose veins with postoperative scars of both lower extremities were denied. The Veteran's claim for an evaluation in excess of 10 percent for varicose veins with postoperative scars of the right lower extremity was granted, but his claim for a similar evaluation for the left lower extremity was denied.

The Veteran's appendectomy scar is rated at 10% and the evidence does not show that it warrants a higher rating.

The Veteran is seeking service connection for various conditions, including hearing loss, tinnitus, gastritis, IBS, familial tremors, and lung scarring, all claimed to be due to radiation exposure. The appeal is being remanded to obtain additional medical records.

The Veteran's service-connected knee and shoulder disabilities have been evaluated, but none of the claims for increased ratings are granted.

The Veteran's claim for a compensable rating for scars, status-post skin grafts of the abdomen and right thigh was denied. His claim for an increased rating for degenerative disc disease of the thoracolumbar spine (claimed as a low back condition) was also denied.

The Veteran's appeal has been withdrawn, and the case is dismissed.