Scars decisions — 2011

The Veteran's scar above the gluteal fold was rated at 10 percent since April 23, 2009. The claim for a higher rating prior to that date is denied.

The Board has determined that the Veteran's parotidectomy scar does not warrant a higher evaluation, as it does not meet the criteria for more than three characteristics of disfigurement. The separate 10 percent rating for neuropathic paresthesias associated with the parotidectomy scar is also upheld.

The Veteran's claims are being remanded for additional development, including obtaining VA medical records and arranging for a VA examination to determine the etiology of his bilateral hearing loss, tinnitus, and otitis media.

The Veteran's service-connected disabilities do not meet the criteria for special home adaptation grant due to his blindness in both eyes or loss of use of both hands.

The Board has determined that the original grant of service connection for the Veteran's disabilities was not clearly and unmistakably erroneous, thus restoring the previously severed benefits.

The Veteran's claim for a compensable rating for his shell fragment wound scar on the popliteal area of the right lower leg is being remanded due to inadequate examination and incomplete medical records.

The Veteran's cause of death, carcinoma of the ampulla of Vater, was not related to his active military service or presumed herbicide exposure. The Board found no evidence linking any of his service-connected disabilities to his death.

The Veteran's death was caused by an accidental acute tramadol intoxication, which is related to his service-connected lumbar spine disability. However, the Veteran did not meet the criteria for DIC under 38 U.S.C.A. § 1318 as he had not been continuously rated totally disabled for at least five years immediately prior to death.

The Veteran's claim for service connection for multiple scars, including those on the forehead, right thumb, right wrist, right lower abdomen, and bilateral legs, is being remanded due to a lack of records from D.C. General Hospital.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess his ability to work due to service-connected disabilities and obtaining relevant ongoing VA treatment records.

The Board has granted a 20 percent rating for the Veteran's scar of the right thumb, finding that it is both painful and unstable.

The Veteran is granted special monthly pension based on the need for regular aid and attendance of another person, but not by reason of being housebound.

The Veteran's appeal is remanded for additional development, including a VA examination to assess the severity of his service-connected SFW disabilities and their impact on his ability to work.

The Veteran's appeal is remanded to determine if his service-connected disabilities have caused him to be permanently bedridden, in need of regular aid and attendance, or rendered him permanently housebound for special monthly compensation.

The Board has granted service connection for an appendectomy scar but denied service connection for diverticulitis, hiatal hernia and gastroesophageal reflux disease (GERD).

The Board has remanded the case for further development, including scheduling a VA examination and obtaining additional medical records. The Veteran's claim remains in appellate status.

The Veteran's appeal was denied as he did not have any additional residuals of a head injury other than the scars and migraine aura for which service connection is already in effect.

The Veteran died from a hemorrhagic stroke, but the service-connected disabilities did not cause or contribute to his death. The Board denied service connection for the cause of the Veteran's death.

The Veteran's claim for a compensable rating for residual scars associated with shell fragment wounds to the back was denied. The Board found that the evidence did not show deep, unstable, painful, or limiting scars.

The Board has granted the Veteran's claims of service connection for various disabilities, including severe DJD of the left shoulder status post total left shoulder arthroplasty and cervicalgia. The remaining issues are pending further review.