Scars Board decisions

The Board has determined that the veteran's right elbow scar does not meet the criteria for a compensable evaluation, as it is well-healed and does not cause any functional impairment.

The Board has granted a 30 percent evaluation for the tracheostomy scar of the neck, finding that it meets two out of eight characteristics of disfigurement. The right ear hearing loss remains at 10 percent.

The Board denied an increased rating for a laceration scar on the right knee over the patella and service connection for degenerative joint disease (DJD) of the knees.

The Board has determined that the veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of the veteran's death.

The VA has determined that the veteran's service-connected laceration of the forehead with residual scar does not meet the criteria for a higher evaluation.,The VA has also determined that the veteran's residuals of an injury to the forehead, with recurrent headaches, do not meet the criteria for a higher evaluation.

The veteran's bipolar disorder is rated at 70 percent, the maximum schedular rating available. The veteran's service-connected scar from a left thumb injury remains at 10 percent. His TDIU claim was denied as his disabilities do not meet the schedular requirements for TDIU.

The veteran's service-connected right foot disorder is rated at a 10 percent evaluation, and he is granted service connection for his right ankle peroneal tendonitis.

The Board found that the veteran was not entitled to an effective date prior to January 7, 1997 for his TDIU award due to lack of factual evidence showing he was unable to secure or follow a substantially gainful occupation solely due to service-connected disabilities prior to that date.

The Board granted service connection for left lower extremity sciatic neuropathy with muscle ataxia, right lower extremity sciatic neuropathy with muscle ataxia, and a tender scar in the thoracolumbar area. A temporary 100% rating was also granted from July 19, 2002 through September 30, 2002.

The Board denied the veteran's claims for higher initial ratings and earlier effective dates in several issues, including her service-connected scoliosis of the lumbar spine, left lower extremity sciatic neuropathy with muscle ataxia, right lower extremity sciatic neuropathy with muscle ataxia, tender scar in the thoracolumbar area, TDIU, DEA, and temporary total rating for surgical treatment. The Board found that her symptoms did not meet the criteria for higher ratings or earlier effective dates.

The veteran's post-operative residuals of right-sided trigeminal neuralgia are currently rated at 10 percent effective February 10, 2003.,Prior to February 10, 2003, the veteran was not entitled to a compensable evaluation for his post-operative residuals of right-sided trigeminal neuralgia.

The VA denied the veteran's claim for an increased rating for his right knee scar, currently evaluated as 10 percent disabling.

The VA determined that the veteran's service-connected corneal scar of the right eye does not meet the criteria for a compensable rating based on current symptoms and examination findings.

The Board found that the veteran's PTSD, bilateral hearing loss, and left hip (thigh) scar do not warrant higher disability ratings based on the evidence of record.

The veteran's appeal was denied because he did not file a timely notice of disagreement with the February 2002 rating decision.

The Board denied the veteran's claims that CUE had been committed in an April 1976 rating decision that awarded noncompensable evaluations for service-connected scars of the right thigh and left thigh.

The Board has determined that the veteran's right tibia scar does not meet the criteria for a compensable evaluation under the applicable rating criteria.

The veteran's claims for increased ratings were granted, with separate evaluations of 30% each for his right and left forearm disabilities. His claim for a compensable rating for the shrapnel wound scar of the left chest was denied. The veteran's anxiety reaction disability remains at 30%.

The veteran's claims for increased ratings and a total disability rating based on individual unemployability (TDIU) were denied due to his failure to report for scheduled VA examinations in August 2004.

The veteran's claim for a total compensation rating based on individual unemployability (TDIU) is being remanded due to the need for additional development, including obtaining VA medical records and scheduling VA examinations.