Scars decisions — 2011

The Board found that the Veteran's service-connected disabilities did not contribute substantially or materially to his death, and his death was not caused by a disability incurred in or aggravated by active service.

The Board has determined that the Veteran's residuals of a right calf injury, including a scar and reflex sympathetic dystrophy, are attributable to service.

The Board has remanded the case due to incomplete records and the need for further development, including obtaining VA medical records and any related workmen's compensation records.

The Board has determined that additional development is needed to determine if the Veteran's service-connected conditions contributed to his death, and whether any other in-service disease or injury caused or contributed substantially or materially to cause his death.

The Veteran's claim for service connection for a scar, claimed as due to a spider bite, is being remanded for further action.

The Veteran's claims for earlier effective dates for service connection and disability ratings have been denied as there is no credible evidence of a formal or informal claim prior to May 22, 2006.

The Veteran's claims for increased disability ratings for right pre-auricular scar and bilateral sensorineural hearing loss are pending, but the RO has not addressed these issues in their accrued benefits context. The appellant is seeking VA compensation based on her husband's death.

The Veteran's additional disability was not caused by VA carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault. The event was reasonably foreseeable.

The Board finds that the Veteran's low back disorder, including his pre-existing back scar, was not incurred in or aggravated by his active service. The VA medical examinations concluded that the Veteran's current degenerative disc disease of the spine is less likely related to military service and more likely due to natural aging.

The Board has determined that the appellant does not have active tuberculosis and therefore, cannot establish service connection for this condition. The claim is denied.

The Veteran's service-connected low back disability is found to be the primary cause of several secondary conditions, including sciatica, neuropathy of the feet and hands, decreased circulation in the feet and hands, restless leg syndrome, and a bilateral hip disability. The scars from his spine surgery are also recognized as related to this condition.

The Veteran's appeal is remanded due to the failure to report for VA examinations and incomplete medical records. The case will be reviewed again after obtaining all necessary information.

The Board has remanded the case for additional development, including obtaining records related to a potential tort claim and scheduling VA examinations. The Veteran's acquired psychiatric disability is currently under consideration, as are her claims of service connection for post-operative residuals of breast cancer and abdominal scarring.

The Veteran's claim for increased ratings for his service-connected left tibial scars has been granted, with a rating of 20 percent effective from September 22, 2010.

The Veteran's PTSD and facial scar were granted effective January 30, 2007. The PTSD met the criteria for a 70% evaluation as of November 28, 2006.

The Veteran's claims for service connection and increased ratings were denied as there was no earlier formal or informal claim for the conditions listed.,An effective date of January 16, 1951 is granted for service connection for headaches.

The Veteran's claim for a higher evaluation of his service-connected appendectomy scar is being remanded due to the need for additional development, including a compensation and pension examination.

The Veteran's service-connected right forearm disability does not preclude gainful employment consistent with his education and occupational experience.

The Veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 for headaches was denied, and his claim for severance of compensation for scars of the forehead and above the right eye was granted.

The Veteran's claim for a shrapnel wound scar is denied as there is no current evidence of such a condition and the preponderance of the evidence does not support a finding that it was incurred in service.