Scars Board decisions

The appellant withdrew his appeal before the Board could make a decision.

The veteran seeks an earlier effective date for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities. The Board has determined that additional development is needed, including obtaining medical opinions and records from the SSA.

The veteran's claims for increased evaluations and an earlier effective date were granted. The case is now closed.

The veteran's claim for an increased rating for his scars is being remanded due to the need for further examination and review of the evidence.

The Board has determined that the veteran's claimed disabilities are not due to VA treatment and have therefore denied his claim under 38 U.S.C.A. § 1151.

The veteran's service-connected disabilities, including her hysterectomy, cervical spine, low back, and foot conditions, have a combined disability rating of 80 percent. These disabilities prevent the veteran from securing or maintaining substantially gainful employment.

The Board has granted a 10 percent evaluation for the veteran's perianal abscess scar residuals since July 29, 1993.

The Board denied the veteran's claim to reopen his service connection for residual burn scars, finding that new evidence did not relate to an unestablished fact necessary to support the claim.

The Board denied service connection for left foot contusion, and granted service connection for deviated nasal septum and scar of the right foot.

The Board has determined that additional development is needed before the claims can be fully considered. This includes providing proper VCAA notice, considering new regulations for skin disabilities, scheduling a VA examination for the left shoulder condition, and obtaining English translations of relevant Spanish documents.

The VA denied a higher initial rating for the veteran's residual scars, laceration to right pre-tibial region, currently rated as 10 percent disabling.

The veteran's cervical spine disability is currently rated at 30 percent, effective September 26, 2003. His degenerative arthritis of the left knee and right knee are both rated at 10 percent. The veteran's allergic rhinitis does not meet criteria for a compensable evaluation. His surgical scar of the left 7th rib is currently rated as 10 percent disabling. His eczema is also rated as 10 percent disabling.

The veteran's service-connected disabilities did not render him unable to secure or follow a substantial gainful occupation prior to December 1, 2000. Therefore, the claim for an earlier effective date is denied.

The veteran's claim for a compensable rating for his right upper eyelid surgical scar was denied. His claims to reopen service connection for psychiatric disorder and exophoria/exotropia were also denied.

The Board finds that the initial March 1999 grant of service connection for prostate cancer and various residual disabilities was clearly erroneous based on the legal presumption of exposure to herbicides set forth at 38 C.F.R. § 3.307(a)(6)(iii) pertaining to veterans who had 'Service in the Republic of Vietnam.' The appellant's active naval service did not include 'Service in the Republic of Vietnam' as defined, and he is not now entitled to this legal presumption.

The VA determined that the veteran's donor scar of the left forearm warrants a 10 percent evaluation, which is the maximum rating available under current criteria.

The Board has determined that the appellant is entitled to a compensable rating of 10 percent for his shell fragment wound scar of the right medial thigh, effective December 23, 2002.

The veteran's claims for service connection for Agent Orange exposure and PTSD were denied, while his claim for an increased rating for burn scars was not addressed. The Board found that the veteran did not have PTSD and that there is no legal merit to his claim of service connection for Agent Orange exposure.

The Board has granted service connection for bilateral hearing loss. Service connection is denied for a scar of the lateral left cornea and remanded for further examination to determine if arthritis of both hands could be related to service.

The veteran's claim for a higher initial rating for service-connected scars of the lumbar spine is denied. The RO has already granted service connection and assigned a noncompensable rating for these scars, but did not include them in the combined disability rating calculation.