Scars Board decisions

The Board has determined that the veteran's testimony of in-service surgical procedures and current symptomatology provides sufficient evidence to grant service connection for an incisional scar on his abdomen. The cervical spine disability is also granted, with a determination made based on credible testimony and medical evidence.

The veteran's service-connected residual scar from a head injury is manifested by a symptomatic scar.,The veteran's service-connected postoperative residuals of a right knee injury are manifested by limitation of motion and periarticular pathology productive of painful motion. The condition does not show lateral instability or subluxation.,The veteran's service-connected bilateral hearing loss is currently rated at 10 percent based on the average pure tone threshold of 33 decibels on the right and 31 decibels on the left, with no significant impairment in discrimination ability.,The veteran's service-connected residuals of a right wrist injury are currently rated at 10 percent due to limitation of motion.,The veteran's service-connected herniated nucleus pulposus, L4-L5, is currently rated at 20 percent based on severe functional impairment.

The veteran's effective date for dependency compensation benefits is set from September 1, 1990. The veteran was granted an additional award of service-connected disabilities and his dependents were added to the award.

The Board denied the veteran's claims for increased ratings for his service-connected deviated nasal septum and maxillary sinusitis, finding that a rating in excess of 10 percent is not warranted. The claim for a compensable rating for his scar, left cheek, was also denied.

The Board denied the veteran's claims for service connection for alcoholism and initial ratings for his hepatitis, fractures of the toes, and a tattoo removal. The veteran's hepatitis is considered healed and nonsymptomatic, warranting a noncompensable rating. His fractures are rated as 10 percent disabling overall.

The Board denied the veteran's request for an earlier effective date of July 17, 1992 for a 10% evaluation for his service-connected scar located below the left eye. The RO assigned this effective date based on the veteran's testimony at his hearing before a member of the Board in May 2001.

The veteran's appeals for increased ratings for PTSD, degenerative joint disease of the thoracic and lumbar spine, shell fragment wound scars of the right foot, and shell fragment wound scars of the left foot were denied by the Board.

The Board found that the veteran's service-connected gunshot wound scar of the left elbow did not meet or approximate the criteria for a higher evaluation, and thus denied his claim for an increased rating.

The Board denied the veteran's claims for increased ratings for his service-connected hearing loss and left deltoid area scar, finding that the evidence did not warrant a higher rating based on current clinical manifestations.

The veteran's service-connected disabilities do not preclude him from securing or following substantially gainful employment, considering the impairment from the disorders and his educational and occupational background.

The Board has denied the veteran's claims for service connection for residuals of burns of the neck, fatigue and lack of energy, and loss of weight and appetite, all claimed as secondary to radiation treatment for his service-connected cancer of the larynx.

The veteran's service-connected disabilities became so severe that he was unable to work, qualifying him for a total disability rating based on individual unemployability as of January 6, 1999.

The Board denied the veteran's claim for an earlier effective date of October 28, 1997 for a total disability rating based on individual unemployability.

The veteran seeks compensation under the provisions of 38 U.S.C.A. § 1151 for incisional weakness, left nephrectomy scar resulting from a July 1997 surgery at a VA facility. The Board finds that further development is needed to determine if this condition constitutes additional disability and whether it was caused by the surgery.

The Board has determined that the veteran's scars of the right forearm and hand do not meet the criteria for a compensable rating, as they are not poorly nourished with repeated ulceration, tender or painful on objective demonstration, or productive of any functional impairment.

The Board has determined that the veteran's need for regular aid and attendance is due to his service-connected disabilities, specifically his left leg amputation and Parkinson's disease. As a result, he is granted special monthly compensation by reason of need for regular aid and attendance.

The Board denied the veteran's claims for earlier effective dates for service connection due to a failure of military personnel to forward his application, finding that there was no legal basis for such an award.

The Board has reopened the veteran's claim for service connection for a headache disorder and granted a 10% rating for his scar as a residual of a left parietal region laceration. The headaches are considered to be incurred during active duty, while the scar is rated based on its current symptoms.

The Board has determined that the veteran does not have a current acquired psychiatric disorder, right shoulder disability (other than a scar), left knee disability, or bilateral ankle disability related to his military service. The claim for a left knee scar is denied as there is no evidence of chronic worsening due to service. Service connection was also denied for pes planus.

The veteran died of renal cell carcinoma, and the Board found that he was not entitled to DIC benefits under 38 U.S.C. § 1318 because his death was not caused by a service-connected disability, and he did not meet any of the conditions for entitlement as per the regulations.