Scars decisions — 2012

The Veteran's PTSD with depression is granted, while his claims for left ear hearing loss, tinnitus, varicose veins, residuals of burns on the hands, and leg scars are denied.

The Board has remanded the issues of service connection for fibrotic scarring of the right lung, mucoperiosteal disease of the ethmoid sinuses, and gastrointestinal disorder due to inadequate reasoning in previous decisions.

The Veteran's claim for TDIU is being remanded due to the need for a more comprehensive medical opinion and updated treatment records.

The Veteran's initial compensable evaluation for his right finger disability, which is rated as noncompensably disabling under Diagnostic Code 5230 (limitation of motion), has been denied. The evidence does not support a higher rating based on functional loss due to pain or other symptoms.

The Veteran's death was not due to his own willful misconduct. However, he did not have a service-connected disability rated at 100% for 10 years prior to his death, nor was he entitled to a total disability evaluation on the basis of individual unemployability for 10 years prior to his death, nor was he a former prisoner of war who died after September 30, 1999. Therefore, DIC benefits under 38 U.S.C.A. § 1318 were denied.

The Board denied the appellant's claim for service connection for the cause of the Veteran's death, finding that there was no evidence linking any service-connected disability to his fatal recurrent urinary tract infection. The appellant's income exceeded the maximum annual pension rate, thus denying her nonservice-connected death pension benefits.

The Board found that the Veteran's current lung conditions, including scarring of the right lung base and chronic obstructive pulmonary disease, were not incurred in or aggravated by service. The VA examinations did not support a connection between these conditions and events in service.

The Board has determined that the Veteran's right lower abdominal scar is a result of surgery during service and grants entitlement to service connection for this condition.

The Veteran's chronic acne vulgaris with scarring of the trunk and face have been granted higher initial ratings, effective from February 17, 2011.

The Veteran's initial ratings for postoperative residuals of right ankle fracture, left scapula fracture, and thoracic spine fracture were granted. However, the Veteran was denied higher initial ratings for postoperative residuals of right tibial fracture and left chest pneumothorax contusion with scar.,The Veteran's right ankle fracture residuals are currently rated at 20% as of October 21, 2010.

The Veteran's service-connected right knee scar and bilateral pes planus have been rated as noncompensable prior to the specified effective dates. The Veteran's service-connected right knee disability has not met the criteria for a compensable rating.

The Veteran's exophthalmos and thyroidectomy scar have been evaluated, but the current ratings do not meet the criteria for a separate compensable rating.

The Veteran's service-connected disabilities render him unable to tend to the basic functions of self-care without regular assistance from another person and he is in need of aid and attendance.

The Veteran's service-connected post traumatic surgical facial repair scars do not meet the criteria for a compensable rating, as they do not exhibit any characteristics of disfigurement and are stable with no pain or other functional impairment. The claim is denied.

The Veteran's claim for an increased evaluation for his service-connected residual scar from a laceration over an old fracture of the left tibia was denied. The evidence did not support a higher rating.

The Veteran's appeal is being remanded to obtain additional medical evidence and for a new VA examination to determine the current severity of his squamous cell carcinoma residual scars.

The Board has granted service connection for a scar on the left buttock and assigned a noncompensable disability rating, effective July 13, 2005. The Veteran's claim was remanded multiple times due to additional development needs.

The Board has determined that the appellant did not have any service-connected disabilities, and therefore denied all claims for service connection.

The Veteran's claim for service connection for an acquired psychiatric disorder, to include PTSD, has been reopened and granted.,Service connection for the scar on the left shoulder was also granted.

The Veteran's service-connected residuals of a cyst on the lower back, including a scar, are rated at 10 percent effective March 20, 2007.