Scars Board decisions

The veteran's PTSD has been rated at the maximum available rating of 100 percent since April 22, 1993. The burn scars of the left hand have not met the criteria for a compensable rating.

The veteran's appeal was not timely filed, and therefore the claims are dismissed.

The Board denied the veteran's claims for higher initial evaluations for her migraine syndrome, coccyx fracture, left breast scar, and fibrocystic breast disorder. The issues of service connection for a back disorder and neck disorder were also addressed but are pending as they have been remanded.

The Board has determined that the veteran's service-connected scars and muscle injuries do not warrant a compensable initial rating, with the exception of a 10 percent rating for residuals of a shell fragment wound of the right arm. The veteran is granted an initial 10 percent rating for this condition.

The Board found that the earliest evidence of record showing a factually ascertainable increase in disability for arthritis of the left glenohumeral joint was an April 1999 VA examination report, which showed limitation of abduction to 50 degrees. For scars from shell fragment wound of the left humerus, the earliest evidence showing objectively tender and painful scarring as required for a 10% rating was also in the April 1999 VA examination report.,The veteran's claim for earlier effective dates were not supported by the evidence provided.

The VA has granted increased ratings for anxiety with depression, sinusitis with rhinitis, and tinnitus. The appellant's left ear sensorineural hearing loss, hemorrhoids, residuals of a left radius fracture, residuals of a right carponavicular bone fracture, and scars on the left cheek and lower lip are all rated at their maximum possible levels.

The veteran's appeal regarding CUE in the November 1970 decisions to grant service connection for his left thigh wound and lumbosacral spine condition has been dismissed as he did not file a timely appeal.

The veteran's service-connected disabilities have been rated at 10% and 20% since December 16, 1987. The RO has increased the rating to 20% for his lumbar spine and right hip injury residuals with secondary degenerative disc disease of L4-5 and L5-S1 effective from September 24, 1996.

The veteran's claim for an increased rating for his service-connected surgical scar, right posterior flank was granted with a 10 percent disability rating effective from June 22, 1998. The Board found that the medical evidence supported this rating.

The veteran's claim for a higher rating for his service-connected low back disability was granted, and he is now assigned the maximum schedular evaluation. His claim for a total disability rating based on unemployability due to service-connected disabilities was also granted.

The Board denied the veteran's claim for service connection for left ear hearing loss and found that he did not meet the requirements for a permanent and total disability rating for pension purposes.

The Board has determined that the veteran's scar from a gunshot wound of the abdomen was incurred during his period of active service and granted service connection for this condition. The right shoulder disability is not considered to be related to military service.

The veteran's appeal is for an increased rating for postoperative and post-radiotherapy residuals of squamous cell carcinoma of the tonsils with burn scar and xerostomia. The VA has awarded a 20 percent rating, effective from the initial date of service connection.

The Board denied the veteran's claims for service connection due to lack of a final decision.

The Board found no evidence of PTSD and denied service connection for the veteran's claimed PTSD. The gunshot wound scar was rated at 10% from October 13, 1993 to August 17, 1999, but is not compensable after that date.

The Board has determined that further examination is needed to properly evaluate the veteran's service-connected disabilities, including left sciatic nerve injury and shell fragment wounds of the left buttock, left forearm, and right foot. The RO should ensure all requested development is completed.

The VA has determined that the current 10 percent rating for residual scarring in the perianal and groin areas is appropriate based on intermittent itching and tenderness, with no evidence of exudation or constant itching.

The Board has denied the veteran's claims for service connection for various conditions, including knee disabilities, PTSD, urinary tract disorders, sarcoidosis, and scars. The reasons are not provided in this text.

The Board has determined that the veteran is statutorily barred from appealing the November 1995 and March 1996 rating decisions due to a failure to timely file a substantive appeal.