Scars decisions — 2014

The Board found that there is no evidence to support a service connection for the Veteran's right hand disability other than scars, and thus denied his claim.

The Veteran's death was caused by acute cholecystitis and cholelithiasis, which were complications of a total right knee arthroplasty for his service-connected right knee arthritis with scar. The Board grants service connection for the cause of the Veteran's death.

The Veteran's claim for a higher rating for pseudofolliculitis barbae prior to December 23, 2009 and from that date was denied. The effective date of the current 50% rating remains in dispute.

The Board denied the Veteran's claims for service connection for adenocarcinoma of the prostate with urinary incontinence, postoperative scar residuals (claimed as residuals of prostate surgery), and erectile dysfunction. The decision found that there was no evidence linking these conditions to his military service.

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence to support the Veteran's claims on a direct basis.

The Board has remanded the case due to concerns about accurately rating the Veteran's service-connected disabilities, particularly his right thigh conditions. The Veteran needs a new examination to assess current severity of his residuals and scar.

The Veteran's TDIU claim is being remanded for additional development, including obtaining VA treatment records and a VA examination to assess his employability given his service-connected disabilities.

The Board denied the Veteran's claims for service connection and increased ratings, finding no current diagnoses or evidence of a link between his claimed conditions and his military service.

The Veteran's service-connected low back strain, osteoarthritis of the left foot and right foot, and painful scar, dorsal aspect of the left great toe have been granted increased evaluations.

The Veteran's appeal is being remanded for further development, including obtaining medical opinions on the relationship between his service-connected acne vulgaris and hypertension.

The Veteran's service-connected disabilities, including right knee subluxation and other conditions, have rendered him unable to obtain or maintain substantially gainful employment. His TDIU claim is granted.

The Veteran's TDIU claim is being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for a VA psychiatric examination to determine if his service-connected disabilities prevent him from working.

The Veteran's claims for increased rating and reopening of service connection were denied. The claim for an increased rating for the scar, status post appendectomy was not granted as it did not meet the criteria for a higher rating. The claims for left ankle tendon injury and back disability were denied due to lack of evidence linking these conditions to service.

The Board found that there is no evidence to support the Veteran's claim of service connection for residuals of mastoidectomy, right ear. The Board concluded that the current condition is not attributable to in-service acoustic trauma or middle-ear pathology.

The Veteran's appeal for service connection for a right knee disability was withdrawn. The claim for entitlement to a compensable initial rating for healed stab wound scars of the left buttock is denied as there are no deep or nonlinear scars exceeding six square inches in size, and the scars do not involve an area of 144 square inches or greater.

The Veteran's service-connected disabilities of the right eye, left hand and left arm are found to likely prevent him from securing and following substantially gainful employment.

The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation.

The Board finds that the Veteran does not have residuals of trauma and/or assault during pregnancy, including gynecological disorder with scarring of the cervix from cerclage and urinary incontinence. The current diagnoses are menopause and urinary incontinence, which are not associated to any events or injuries in service.

The Veteran's service-connected lung disability was manifested by FEV-1/FVC values between 56 and 70 percent predicted prior to July 22, 2013. The evidence did not show the presence of cor pulmonale, right ventricular hypertrophy, pulmonary hypertension, episodes of acute respiratory failure, or outpatient oxygen therapy.

The Veteran's appeal is being remanded for additional development, including a VA examination and consideration of his TDIU claim.