Scars decisions — 2011

The Veteran's appeal is being remanded to the RO for scheduling a videoconference hearing. The issues of increased ratings for various service-connected conditions are pending.

The Board denied the appellant's request for an extension of her delimiting date for Survivors' and Dependents' Educational Assistance (Chapter 35) benefits, finding that she was not eligible for such extension due to the passage of time since her initial eligibility determination.

The Veteran's service-connected COPD and burn scar do not render him unemployable, as his combined evaluation is only 30 percent.

The Veteran's right wrist disorder resulted in ankylosis, limiting all motion. The left elbow disorder was treated with arthroscopic procedures and the left hip replacement had a scar but no additional disability rating is warranted.

The Veteran's appeal is remanded for a VA examination to determine if his service-connected disabilities render him unable to secure and follow a substantially gainful occupation.

The Board has reopened the Veteran's claims for service connection for PTSD and residuals of a shrapnel wound to the right knee, finding that new and material evidence has been received. The other issues related to scars have not met this standard.

The Board has determined that the Veteran's current eye disabilities, diagnosed as corneal scarring and ectropion, are at least as likely as not related to his military service. Therefore, service connection for vision problems is granted.

The Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, and the Board has granted TDIU.

The Board has determined that new and material evidence to reopen the claim for service connection for cellulitis with scar of the left lower leg has not been submitted. The appellant's claim was previously denied on the basis that his left leg condition existed prior to service and there was no evidence of permanent aggravation in service.

The Board denied the Veteran's claims for increased ratings for shrapnel scars of the left thigh and right thigh and buttock, finding that the scarring did not meet criteria for a higher rating based on its superficial nature.

The Board has determined that the RO committed clear and unmistakable error (CUE) in failing to grant service connection for the abdominal pedicle flap donor site scar and left elbow pedicle graft scar, which were clearly implicitly raised by the Veteran's claim for a shell fragment wound. Effective dates are granted based on these findings.

The Board has remanded the case for further development, including new examinations and readjudication of the claims under both old and amended criteria for evaluating scars. The Veteran's service-connected residual scars are being evaluated again, as well as his claimed IBS, GERD, and erectile dysfunction.

The Veteran's service-connected posttraumatic stress disorder has been granted a 50 percent rating, effective from September 29, 2005. The right inguinal scar is rated at 10 percent.

The Veteran's service-connected abdominal scars, residuals of a gunshot wound to the left buttock, are rated at 10 percent. Service connection for IBS is granted on a presumptive basis under Persian Gulf War criteria. The other issues (sinusitis, fatigue, breathing problems, and sleep problems) are also granted.

The Veteran's claim for an increased evaluation and earlier effective date for his service-connected left wrist laceration scar residuals were denied. The Board found that the evidence did not support a higher rating or an earlier effective date.

The Veteran's claim for service connection for the residuals of a shell fragment wound to the right shoulder, including a scar in the right shoulder area, was reopened and granted. The Veteran also received increased ratings for PTSD and traumatic ulnar neuropathy.

The Veteran's service-connected scars have been granted initial compensable evaluations, but the claims for higher ratings are denied.

The Veteran is entitled to a total rating based on individual unemployability due to his service-connected disabilities, effective January 26, 2007.

The Board denied the Veteran's claims for increased evaluations for his left ankle sprain and residual scar, as well as service connection for yaws. The evidence did not meet the criteria for a higher evaluation or service connection.

The Veteran's appeal is remanded to determine if there was a disfiguring scar present in 1998, which could have led to the earlier effective date for his service-connected scar.