Scars Board decisions

The Board denied the veteran's claims for service connection for a scar of the right lower extremity and PTSD, finding that new and material evidence had not been submitted to reopen the claim for the scar condition. The PTSD claim was also denied as there was no medical nexus linking the current disability to service.

The veteran's claim for an increased rating for his cervical spine disability is being remanded due to inadequate VCAA compliance, lack of adequate range-of-motion testing in the VA examinations, and need for additional medical records.

The Board has granted service connection for PTSD, scars and pain from shrapnel injury to bilateral legs, and bilateral hearing loss. The effective dates for these grants are April 23, 2001, February 10, 2003, and February 10, 2003 respectively.

The Board denied the veteran's claims for service connection for a psychiatric disorder, increased ratings for post-traumatic arthritis of the left hip and shortening of the left lower extremity, and entitlement to a compensable rating for a keloid scar on his right arm. The total disability rating based on individual unemployability due to service-connected disabilities was also denied.

The Board denied the veteran's claims for service connection for diabetes mellitus and for ratings in excess of 30 percent for coronary artery disease prior to May 28, 2004, and for a rating in excess of 60 percent for coronary artery disease effective from May 28, 2004. The veteran's claim for service connection was reopened on new evidence, but the Board found no nexus between his current conditions and service.

The veteran's claim for a compensable evaluation for second degree burn scarring of the right hand was denied due to his failure to report for scheduled VA examination. The claim for compensation under 38 U.S.C.A. § 1151 for traumatic arthritis of the first metacarpophalangeal joint of the right thumb was granted as it did not result from carelessness, negligence, or lack of proper skill on the part of VA.

The veteran's service-connected arthritis is not related to his inservice shrapnel wounds. The residuals of the right chest wound are rated at 20 percent, and the residuals of the right thigh and forearm/abdomen wounds are each rated at 10 percent.

The Board denied an initial rating higher than 10 percent for a right iliac crest scar, finding that the current 10 percent rating adequately reflects the veteran's disability.

The veteran withdrew his appeal regarding the issues of entitlement to a higher initial rating for a scar from removal of a nevus on the back and entitlement to service connection for headaches.

The veteran's migraine headaches were rated as noncompensable prior to July 2003 and 10 percent since then.,There is no current diagnosis of residual scarring on the left hand. The veteran reported a cut during service, but there was no follow-up treatment or evidence of scar formation.

The veteran's post-operative right knee residuals are currently evaluated as 20 percent disabling, but the VA examination is inadequate for rating purposes.

The Board denied service connection for residuals of a left hand injury and assigned initial compensable evaluations for microscopic scar of the left eye and residuals of a fracture of the 5th metatarsal. The veteran's left hand injury is not considered to be related to his active duty, and there is no current disability associated with this condition. The microscopic scar in the macula of the left eye does not cause any functional impairment or symptoms. The veteran's fractures are stable and do not result in any compensable evaluations.

The appeal has been withdrawn by the appellant before a decision was made.

The Board denied a higher initial evaluation for the veteran's service-connected left foot scar, finding that it was not tender or painful to any significant degree and did not affect motion of any parts.

The Board denied the veteran's claim for an effective date earlier than July 31, 2002, for a 50 percent evaluation for hidradenitis suppurativa with active lesions and multiple scars. The appeal was remanded to consider whether it is factually ascertainable that the veteran met the criteria for a 50 percent rating during the year preceding his July 2002 claim. The Board found that it is not factually ascertainable, thus denying the earlier effective date.

The May 19, 1970 rating decision did not award a separate rating for peripheral nerve damage resulting from the veteran's shell fragment wound to the left hand.,The May 19, 1970 rating decision also did not assign multiple ratings for scars resulting from the same injury.

The Board found that the veteran's service-connected PTSD did not contribute substantially or materially to his death from hypertensive arteriosclerotic cardiovascular disease.

The veteran's claims for bilateral hearing loss, paronychia of the left fourth finger, paronychia of the right thumb, cellulitis of the left leg, and a scar on the right ear were all denied. The Board found that there was no evidence to support service connection for any of these conditions.

The veteran's right shoulder disability is not related to his active service, but he has arthritis of the right hand that may be secondary to a service-connected fracture. His neck and back conditions are not shown during or after service, and hypertension is likely due to PTSD.,An additional VA examination is needed to determine if the veteran's current right shoulder disability is related to an injury sustained in service.

The Board has denied the veteran's claims for increased ratings for instability of the right knee, arthritis of the right knee, and donor site scars, right abdominal wound. The evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.