Scars decisions — 2012

The Veteran's service-connected disabilities have been evaluated and the Board has granted a 10% evaluation for scars, right lower extremity associated with residuals of the right ankle. The Veteran is also entitled to TDIU due to his service-connected disabilities.

The Veteran's appeals for service connection for a miscarriage due to radiation therapy and an increased amount payable for special monthly compensation were withdrawn. The appeal regarding the effective date of a 10 percent rating for cervical cancer with urinary dysfunction residuals was dismissed as there is no evidence of a claim prior to February 25, 2005.

The Veteran's shell fragment wound of the right upper arm with tender scars is currently rated at 30 percent, which does not meet the criteria for a higher rating as it does not demonstrate severe impairment. The Veteran's right hand median neuropathy is currently rated at 10 percent and also does not warrant an increased rating.

The Veteran's service-connected shrapnel scars of the right chest and arm have been granted initial ratings of 20 percent each, effective September 18, 2008.

The Veteran's claim for an increased rating for his service-connected corneal scar of the left eye is being remanded due to incomplete development and need for a VA examination.

The Board has determined that the reduction from a 100% to zero percent disability rating for non-Hodgkin's lymphoma was proper, and the Veteran does not meet criteria for a compensable rating. The initial noncompensable ratings for chronic fatigue syndrome and left axilla and neck scars prior to October 14, 2010 are also denied.

The Veteran's service-connected residuals, amputation of distal tip, left index finger and tender scars and residuals of skin graft of the left hand have not met the criteria for a higher evaluation.

The Veteran's service-connected scar, post-operative, exploratory laparotomy epigastric region does not warrant a compensable disability evaluation under the current rating criteria.

The Board found that the Veteran's lung cancer and post-operative scar residuals were not incurred or aggravated in active service, as there was no evidence of such conditions during service or within one year after separation. The VA examiner opined that the lung cancer was more likely secondary to cigarette smoking rather than exposure to fumes from the USS Enterprise fire.

The Veteran has withdrawn his appeal regarding the initial rating for his service-connected right femur scar on an extraschedular basis.

The Veteran's appeal to find her February 2008 VA Form 9 timely was dismissed as she requested to withdraw the appeal.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims for service connection. This includes obtaining updated VA treatment records, requesting service treatment records from specific periods of service, and scheduling a VA examination.

The Veteran's claim for a special home adaptation grant is denied as he does not meet the eligibility criteria due to his service-connected disabilities.

The Veteran's right knee disorder is rated at 10 percent, and his right finger disorders are not entitled to a compensable rating.

The Veteran withdrew his appeals on the issues of left knee, right knee, and left hand scar. The remaining issues were not addressed due to withdrawal.

The Veteran's claim for a higher rating for his left knee disability and a separate compensable rating for a tender scar is being remanded due to the need for additional development, including obtaining updated treatment records and scheduling a new examination.

The Veteran's service-connected disabilities did not prevent her from obtaining or retaining substantially gainful employment prior to January 6, 2006.

The Veteran's appeal for TDIU is being remanded due to the need for additional development, including a VA examination and readjudication of his claim.

The Veteran withdrew her appeal regarding the issue of entitlement to an initial rating beyond 10 percent for hammer toes of the right foot, status post arthroplasty of the 3rd, 4th, and 5th toes. The remaining issue of scars from burn injury is addressed in the remand portion.

The Veteran's claim for an increased evaluation for his scar of the right leg is being remanded due to missing records and incomplete VA examination. The case will be reviewed again after all necessary steps are taken.