Scars Board decisions

The veteran's claims for earlier effective dates on service connection for multiple disabilities, individual unemployability, and Dependents' Educational Assistance have been denied. The Board found that the preponderance of evidence is against a finding that the veteran filed claims prior to 1979.

The veteran's appeal is being remanded for further development and consideration of the issues regarding earlier effective dates for increased ratings for peptic ulcer and laparotomy scar.

The veteran's service-connected disabilities do not preclude all forms of substantially gainful employment consistent with his educational background and occupational experience.

The RO's November 1972 and July 1978 rating decisions did not contain CUE in denying an evaluation higher than 20 percent for burn scars of the left thigh.,The RO's November 1972 and July 1978 rating decisions contained CUE in assigning a noncompensable evaluation for residuals of a shell fragment wound of the right lower leg, resulting in a 10 percent evaluation effective February 9, 1972.

The Board has determined that a new VA examination and additional development are needed to properly adjudicate the veteran's claim for service connection for recurrent pneumonia with a residual left lung scar.

The veteran's claims for increased ratings and compensable ratings were denied as the evidence did not meet the criteria for higher disability ratings.

The Board has determined that the veteran's current kidney disability, diagnosed as mild renal insufficiency and glomerulonephritis, did not arise during active service or within a year of discharge. The medical evidence does not support a connection between the veteran's in-service scarlet fever and his current condition.

The Board denied an earlier effective date for the TDIU rating, finding that it was not factually ascertainable that the veteran became individually unemployable due to his service-connected disabilities prior to September 24, 1997. The RO's decisions in April 1993 and November 1995 were found not to contain clear and unmistakable error.

The veteran's scars and additional cardiac disability are not considered to be the result of VA medical treatment, as they were necessary consequences of the procedures performed.

The Board denied the veteran's claims for service connection for PTSD and scars of the head, arm, left hand, and stomach due to lack of credible evidence supporting the occurrence of in-service stressors or injuries resulting in current disabilities.

The Board has determined that the appellant is not entitled to accrued benefits or DIC under 38 U.S.C.A. § 1318 due to a lack of evidence showing a claim for service connection pending at the time of the veteran's death.

The veteran's claims for higher initial evaluations were denied as his disabilities did not meet the criteria for a higher evaluation under the applicable rating schedule.

The Board found that there is no competent evidence to associate PTSD or other acquired psychiatric disorder with the veteran's military service. The scars of the left flank and palm of the right hand were incurred in active service, but the scars on the dorsum and palm of the left and right hands could not be satisfactorily dissociated from the veteran's military service.

Service connection is not granted for any of the veteran's claimed conditions as there is no competent medical evidence showing a current disability or that any such disability was incurred in service.

The Board has determined that the veteran does not have current residuals of STD or chronic sinusitis related to service. The examiner found no evidence of a pre-existing nasal septal surgery and concluded that any post-nasal drip is unrelated to service.

The VA has determined that the appellant's residuals of gunshot wounds to the left elbow and left side and back, including scars and fracture of the left 11th rib, do not meet the criteria for a higher rating under current disability evaluation criteria.

The veteran's service-connected disabilities were evaluated, and the RO denied increased ratings for cervical spondylosis, right carpal tunnel syndrome (major), left carpal tunnel syndrome, right knee disability, right bunion formation and slight deformity of the first metatarsophalangeal joint, left bunion formation and slight deformity of the first metatarsophalangeal joint, cholelithiasis and cholecystectomy with benign pancreatic cyst, surgical scars from the cholelithiasis and cholecystectomy with benign pancreatic cyst, and pilonidal cyst. The RO found that these conditions were not service-connected.

The Board has remanded the veteran's claims due to the need for further development of evidence. The specific issues include a request for higher initial rating for facial scar, reopening of service connection claims for left shoulder and low back conditions, as well as other knee and leg conditions.

The veteran's claim for an increased rating for healed corneal scars of the right eye, with cataract, and a separate rating for bilateral tinnitus was denied. The veteran is not entitled to a compensable rating for his right eye disability or a separate rating for each ear for tinnitus.

The Board found that the veteran's claimed disabilities were not caused by VA negligence and denied his claims for compensation under 38 U.S.C.A. § 1151.