Scars decisions — 2011

The Board has granted service connection for arthritis of the right knee, finding that it is presumed to have occurred during active military service. The other claims are denied.

The Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment, and the Board finds that he meets the criteria for a total disability rating based on individual unemployability.

The Board has reopened the Veteran's claim for service connection for a laceration on his right thigh and finds that there is sufficient evidence to support the claim, raising a reasonable doubt as to whether the current scar on his right thigh is related to an in-service injury. As such, the Veteran's claim for service connection is granted.

The Board has received notification of the appellant's withdrawal of all issues on appeal and therefore dismisses the appeal.

The Board has determined that the Veteran's fungal dermatitis, left hip disability, and left knee disability are related to her active service. The sinus condition and chronic allergies, as well as the gynecological disorder (cysts and associated scarring), have not been established as being related to her service.

The Veteran died from respiratory depression due to acute morphine intoxication. The appellant claims that the death was caused by his service-connected conditions, including generalized anxiety with depression and PTSD, which may have led him to abuse painkillers like morphine. The Board finds a need for additional development to determine if the cause of death is related to service connection.

The Veteran's left eye disorder, characterized by chronic conjunctivitis and a post-operative scar on the bulbar conjunctiva of the left eye, warrants a 10 percent rating.

The Veteran's appeal is being remanded for further development, including scheduling a VA examination to assess the current status of his service-connected scars and muscle impairment. The claim will also be re-adjudicated in light of all evidence of record.

The Veteran is seeking earlier effective dates for the grants of service connection for muscle weakness of the left elbow and forearm, Muscle Group V, a scar on the upper left arm, a scar on the left hip, and a scar on the left thigh. The claims are based on clear and unmistakable error in the rating decision of September 1964.

The Board determined that the Veteran's service-connected disabilities did not cause or contribute to his death from smoke inhalation due to a fire, and thus denied the claim for service connection for the cause of the Veteran's death.

The Veteran's service-connected disabilities do not meet the criteria for financial assistance in acquiring specially adapted housing or a special home adaptation grant due to her loss of use of one lower extremity.

The Board has granted service connection for the Veteran's right knee, left knee, low back scar, and plantar fasciitis of both feet. The claim for increased rating for tinea pedis is also granted.

The Board has granted service connection for venous varicosities of the left leg and a 30 percent rating for residuals of gallbladder removal with scars, finding that the Veteran's symptoms are severe enough to warrant these ratings. The Board also found that his inguinal hernia repair is not related to service.

The Veteran is seeking service connection for a right ankle disorder, which he claims was aggravated by his active military service from December 2004 to June 2006. The Board has determined that additional development of the evidence is required.

The Veteran's scar, left deltoid, secondary to malignant melanoma surgery, is rated at 10 percent. The Board has granted a separate 30 percent rating for the moderately severe muscle injury of the left deltoid.

The Board has remanded the case for further development, including a VA examination to address whether the Veteran's sinusitis and facial scars are related to service-connected conditions. The issues of secondary service connection for sinusitis and service connection for facial scars will be addressed.

The Veteran's abdominal scar as a postoperative residual of lumbosacral surgery is not painful, deep, or unstable. It does not cover an area exceeding 6 square inches and therefore does not meet the criteria for a compensable rating under any applicable VA rating code.

The Veteran's right upper chest and left facial scars are not shown to meet the criteria for a compensable evaluation under the applicable rating codes.

The Veteran's claim for a higher rating for his service-connected chronic prostatitis was granted, with the effective date being December 7, 2010. The Veteran is now rated at 40 percent for this disability.

The Board found that the cause of death (blunt force head trauma) was not caused by a service-connected disability and denied both the claim for service connection for the cause of death and the DIC benefits under 38 U.S.C.A. § 1318.