Berta

[gdsnide]

Berta

Can I file for SMC for scars?

I have about a 7" scar on the right side side of my fore hear & a scar from the out side of one eye brow across the nose to the out side of other eye brow.

As U know I am 100% T & P from the 2 Shore Patrol & me dancing in Japan in 1967 also I am L1

I had a piece of my Brain hanging in a sinus which cause me to have menengitis 4 times & the one over my eye brows it was determined I had a hole in my head.

I have seen other people on here put in claims for scars & the one on my head looks like half a frontal lobotomy. HA

Sincerly

GARY

Also I was rated 100% T & P in 1997 so this is over 10 years. I have read about rating being protected after 10 years. Could U please explain

THANK U

[sharon]

§ 4.118 Schedule of ratings—skin.

Rating

7800 Scars, disfiguring, head, face or neck:

Complete or exceptionally repugnant deformity

of one side of face or marked or repugnant bilateral

disfigurement ......................................... 50

Severe, especially if producing a marked and

unsightly deformity of eyelids, lips, or auricles 30

Moderate; disfiguring ............................................ 10

Slight ..................................................................... 0

NOTE: When in addition to tissue loss and

cicatrization there is marked discoloration,

color contrast, or the like, the 50 percent rating

under Code 7800 may be increased to 80

percent, the 30 percent to 50 percent, and the

10 percent to 30 percent. The most repugnant,

disfiguring conditions, including scars and diseases

of the skin, may be submitted for central

office rating, with several unretouched

photographs.

7801 Scars, burns, third degree:

Area or areas exceeding 1 square foot (0.1 m.2) 40

Area or areas exceeding one-half square foot

(0.05 m.2) .......................................................... 30

Area or areas exceeding 12 square inches (77.4

cm.2) ................................................................. 20

Area or areas exceeding 6 square inches (38.7

cm.2) ................................................................. 10

[gdsnide]

§ 4.118 Schedule of ratings—skin.

Rating

7800 Scars, disfiguring, head, face or neck:

Complete or exceptionally repugnant deformity

of one side of face or marked or repugnant bilateral

disfigurement ......................................... 50

Severe, especially if producing a marked and

unsightly deformity of eyelids, lips, or auricles 30

Moderate; disfiguring ............................................ 10

Slight ..................................................................... 0

NOTE: When in addition to tissue loss and

cicatrization there is marked discoloration,

color contrast, or the like, the 50 percent rating

under Code 7800 may be increased to 80

percent, the 30 percent to 50 percent, and the

10 percent to 30 percent. The most repugnant,

disfiguring conditions, including scars and diseases

of the skin, may be submitted for central

office rating, with several unretouched

photographs.

7801 Scars, burns, third degree:

Area or areas exceeding 1 square foot (0.1 m.2) 40

Area or areas exceeding one-half square foot

(0.05 m.2) .......................................................... 30

Area or areas exceeding 12 square inches (77.4

cm.2) ................................................................. 20

Area or areas exceeding 6 square inches (38.7

cm.2) ................................................................. 10

Sharon, Thank U very much......Sincerly...GARY

[Rockhound]

Also if the scar is superficial consider these.

7803 Scars, superficial, unstable.............................. 10

Note (1): An unstable scar is one where, for any reason,

there is frequent loss of covering of skin over the scar.

Note (2): A superficial scar is one not associated with

underlying soft tissue damage.

7804 Scars, superficial, painful on examination................ 10

Note (1): A superficial scar is one not associated with

underlying soft tissue damage.

Note (2): In this case, a 10-percent evaluation will be

assigned for a scar on the tip of a finger or toe even

though amputation of the part would not warrant a

compensable evaluation.

Rockhound Rider <_<

[Berta]

Gary- SMC doesnt include scars-they are regular ratings that- at this point- might not make any difference compensation-wise to you-

But scars are always something to consider when filing a claim as they are secondary to numerous other main SC disabilities.

I was discussing a famous GSW claim with an advocate the other day -I posted the entire CAVC decision here long ago- Meyer V Derwinski-

Myler received a clean through and through GSW and the VA gave him minimum rating.His entrance and exit wounds were scars as I recall that were not found to be at a ratable level.

Myler fought them for years on this point- although no major organ was damaged he did suffer muscular involvement and disability of muscles due to the through and through gun shot wound.

He filed a CUE on a final VA decision dated 1953.

His argument was that he had he had received an "at least moderate disability" to the Muscle group XIII from the gun shot wound.

The CAVC agreed (think it was called COVA at that time)

that " the clear and undisputable medical evidence demonstrated that the veteran suffered a bullet wound to that muscle group, which undebatably required assignment of a disability rating." They awarded back to 1953.

The CUE was the legal error that the VA had failed to rate an undisputable disability-evident in the medical records and raised as disability by the veteran himself in the original claim. (same as my CUE claims)

This is much different from your situation but if you do claim the scarring, is there potential to claim any muscular damage?

This is something for many Iraq vets to consider to-

a T & T (through and through) might receive only minimal treatment in the field and appear to heal well yet the reality is that the VA might rate this disability all wrong.

I think Myler only got a 10% rating on the muscular damage -but the retro was for over 6 decades.

Myler V Derwinski 1 Vet App at 574

NVLSP VBM page 1-42 2008 edition

"Common Errors in Final VA Decision." Chapter 14