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derrell

Seaman
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About derrell

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  • Service Connected Disability
    30%
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derrell's Achievements

  1. Broncovet Thanks. It was the same scar the scar did not get worse. The first evaluation stated the scar was larger than it actually was. The second evaluation stated almost the same as the first except for accurate measurements that are smaller than the first evaluation. I did not submit new evidence i just asked for an increase. I recieved my c-files and records and i posted word for word the first decion from the VA at 0%. I posted the second decision word for word under the first ruling i recieved 30% with the same evidence and smaller dimensions of the scar. I dont understand how could i have not recieved any compensation in 1995. All the evidence is under Derrell first decision and second.
  2. Could someone help i did not appeal va first exam of 0% in 95. 2009 asked for increase without new information recieved 30% with same evidence from 1995 can i cue for original effective date 1998.
  3. 1995 service connection for scar below right eye has been established as directly related to military service. This condition is evaluated as 0 percent disabling from april 5, 1998. A noncompensable evaluation is granted for slight disfigurement. A higher evaluation of 10 percent is not warrented unless evidence demonstrates moderate disfigurement. Service medical records for the period 1995 to 1998 shows that the veteran was in a MVA in august 1995 resulting in scar below right eye. VA examination dated 6-12-98 indicates that keloid formed below right eye from scar. The veteran report some sharp pains and throbbing sensations in the scar area off and on at times. Examination of the face shows a slightly darker pigmented scar in the right zygoma area. The scar is slightly irregular and meausures about 2 cm in length, and at its widest approximately 4 mm. There is palpable slight thickening suggesting some fibrotic changes. There is minimal keloid formation. That was first ruling. Reason for decion to increase scar from 0% to 30% The evaluation of scar, below right eye is increased to 30% disabling effective june 19, 2009. An evaluation of 30%is assigned whenever there is evidence of visible or palpable tisue loss and either gross distortion or asymmetry of one feature or paired set of features(nose, chin, forehead, eyes (including eyelids), ears (auricles), cheeks, lips), or; with two or three characteristics of disfigurement. A higher evaluation of 50% is not warranted unless the record shows visible or palpable tissue loss and either gross distortion or asymmetry of two features or paired sets of features(nose,chin,forehead,eyes( includind eyelids), ears (auricles),cheeks, lips), or; with four or five characteristics of disfigurement. The 8 characteristics of disfigurement are: scar 5 or more inches (13 or more cm.) in length; scar at least one-quarter inch (0.6 cm.) wide at widest part; surface contour of scar elevated or depressed on palpation; scar adherent to underlying tissue; skin hypo-or hyper-pigmented in an area exceeding six square inches (39 sq. cm.); skin texture abnormal (irregular, atrophic, shiny, scaly, etc.) You filed for an increase in your service connected scar, below right eye on 6-19-09. We sent duty to assist letter to you 7-29-09. You did not respond. On VA exam dated 8-13-09 you reported no current complaints of pain, skin breakdown or other problems. You stated that the actual presence of the scar is frustrating and bothersome to you. You stated that you are often asked questions about the scar due to its presence on your face. Physical exam including pictures showed the scar is located approximately three-fourths inches underneath the right eye at the level of the outer canthus. The scar measures 1.5 centimeters in length and 1 centimeter in width at the widest part, with an area of 0.75. It is a nonlinear scar. The scar resembles a triangular shape measuring an area of 0.75. There are no objective signs of pain to the scar with examination and palpation. There is no evidence of skin breakdown to the area of the scar. The scar is superficial. There is no underlying soft tissue damage. There is no limitation of motion or other limitation of function caused by the scar. There is no inflammation or edema. The scar is adherent to underlying tissue. The surface contour of the scar does have elevation with palpation. There is abnormal texture of the skin noted with irregularity and shiny appearances measuring approximately 1.5 square centimeters. There is hypopigmentation noted to the color of the scar when compared to normal area of the skin with an area of 0.75. There is no induration or inflexibility. The face is symmetrical without gross distortion, and there is no underlying soft tissue loss noted that is visible or palpable. Diagnosis was scar below the right eye post motor vehicle accident in 1995. Based on findings on VA exam of scar that is adherent to underlying tissue, the surface contour of the scar does have elevation with palpation, and the scar measures 1 centimeter at the widest part, we have increased the evaluation of scar, below right eye to 30% percent disabling. A higher evaluation is not warranted because objective findings do not meet the criteria for a higher evaluation. We have assigned an effective date of 6-19-09 the date of your claim for increase. I did not submit new evidence i just asked for an increase can i get my effective date changed to 1998
  4. 1995 service connection for scar below right eye has been established as directly related to military service. This condition is evaluated as 0 percent disabling from april 5, 1998. A noncompensable evaluation is granted for slight disfigurement. A higher evaluation of 10 percent is not warrented unless evidence demonstrates moderate disfigurement. Service medical records for the period 1995 to 1998 shows that the veteran was in a MVA in august 1995 resulting in scar below right eye. VA examination dated 6-12-98 indicates that keloid formed below right eye from scar. The veteran report some sharp pains and throbbing sensations in the scar area off and on at times. Examination of the face shows a slightly darker pigmented scar in the right zygoma area. The scar is slightly irregular and meausures about 2 cm in length, and at its widest approximately 4 mm. There is palpable slight thickening suggesting some fibrotic changes. There is minimal keloid formation. That was first ruling. Reason for decion to increase scar from 0% to 30% The evaluation of scar, below right eye is increased to 30% disabling effective june 19, 2009. An evaluation of 30%is assigned whenever there is evidence of visible or palpable tisue loss and either gross distortion or asymmetry of one feature or paired set of features(nose, chin, forehead, eyes (including eyelids), ears (auricles), cheeks, lips), or; with two or three characteristics of disfigurement. A higher evaluation of 50% is not warranted unless the record shows visible or palpable tissue loss and either gross distortion or asymmetry of two features or paired sets of features(nose,chin,forehead,eyes( includind eyelids), ears (auricles),cheeks, lips), or; with four or five characteristics of disfigurement. The 8 characteristics of disfigurement are: scar 5 or more inches (13 or more cm.) in length; scar at least one-quarter inch (0.6 cm.) wide at widest part; surface contour of scar elevated or depressed on palpation; scar adherent to underlying tissue; skin hypo-or hyper-pigmented in an area exceeding six square inches (39 sq. cm.); skin texture abnormal (irregular, atrophic, shiny, scaly, etc.) You filed for an increase in your service connected scar, below right eye on 6-19-09. We sent duty to assist letter to you 7-29-09. You did not respond. On VA exam dated 8-13-09 you reported no current complaints of pain, skin breakdown or other problems. You stated that the actual presence of the scar is frustrating and bothersome to you. You stated that you are often asked questions about the scar due to its presence on your face. Physical exam including pictures showed the scar is located approximately three-fourths inches underneath the right eye at the level of the outer canthus. The scar measures 1.5 centimeters in length and 1 centimeter in width at the widest part, with an area of 0.75. It is a nonlinear scar. The scar resembles a triangular shape measuring an area of 0.75. There are no objective signs of pain to the scar with examination and palpation. There is no evidence of skin breakdown to the area of the scar. The scar is superficial. There is no underlying soft tissue damage. There is no limitation of motion or other limitation of function caused by the scar. There is no inflammation or edema. The scar is adherent to underlying tissue. The surface contour of the scar does have elevation with palpation. There is abnormal texture of the skin noted with irregularity and shiny appearances measuring approximately 1.5 square centimeters. There is hypopigmentation noted to the color of the scar when compared to normal area of the skin with an area of 0.75. There is no induration or inflexibility. The face is symmetrical without gross distortion, and there is no underlying soft tissue loss noted that is visible or palpable. Diagnosis was scar below the right eye post motor vehicle accident in 1995. Based on findings on VA exam of scar that is adherent to underlying tissue, the surface contour of the scar does have elevation with palpation, and the scar measures 1 centimeter at the widest part, we have increased the evaluation of scar, below right eye to 30% percent disabling. A higher evaluation is not warranted because objective findings do not meet the criteria for a higher evaluation. We have assigned an effective date of 6-19-09 the date of your claim for increase. I did not submit new evidence i just asked for an increase can i get my effective date changed to 1998
  5. I'm waiting for reasons for first denial from va will post as soon as i recieve them. Thanks Broncovet
  6. Thanks Philip Rodgers. When i get my files i will get to work on it.

  7. How is everyone doing? I got out the military in 1998 did a va eval and was found 0% sc for a facial scar. I didn't know to appeal it because i thought that was the end of that. 9 years later i asked for an increase for the facial scar and recieved 30% under 7800-Facial Scars. Why did i not get this the first time the same evidence was used no new evidence. Original eff dt 1998 new eff dt 2009. Do i have to accept this new date since i didn't appeal. I requested the increase july 2009 my award letter stated i was approved 1 week later i got backpay for 6 months.
  8. Hello how are you? I'm derrell got a ? When i got off active duty i was checked by the va and giving a 0% for facial scars ididn't appeal it i didn't know i did not have help from anyone. 2009 i was told to ask for an increase for facial scars i did it was approved 30% original eff dt 1998 new eff dt 2009 30%. Same evidence was used for the increase,no new evidence can i get my eff dt changed to close to the original date 1998 or should i leave it alone the scar can't be treated and that's the way it's always been.
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