Scars decisions — 2015

The Veteran's service connection claim for a scar due to left jaw tumor removal is granted. The Board also finds that the Veteran has residuals of stroke, including left hand and arm numbness, which are related to his military service.

The Veteran seeks payment or reimbursement for medical expenses incurred at a non-VA hospital on June 17, 2012. The Board has determined that the case should be remanded to determine if the services provided were of such a nature that delay would have been hazardous to life or health and whether VA facilities were feasibly available.

The Veteran's service-connected disabilities are so severe as to preclude him from securing or following substantially gainful employment, and the Board has granted a total disability rating based on individual unemployability.

The Veteran's appeal is being remanded for a videoconference hearing before the Board of Veterans' Appeals. The issues include service connection claims and increased rating claims.

The Veteran's appeal was denied because he did not file a timely Notice of Disagreement (NOD) for the October 2009 rating decision regarding increased initial evaluations for his knee conditions and scars.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations, issuance of a Statement of the Case on certain issues, and obtaining outstanding treatment records.

The Board has remanded the case for further development to assess the Veteran's employability due to his service-connected disabilities, including PTSD and prostate cancer.

The Veteran's residuals of GSW and fracture to the left fifth toe with asymptomatic scar are currently rated at 10 percent, but do not meet the criteria for a higher rating. The separate compensable rating for the scar is also denied.

The Board has denied the Veteran's claims for service connection for hypertension, hearing loss, residuals of head trauma, facial scars, neck disability, and low back disability. The PTSD claim was also denied as there is no current disability warranting a rating.

The Board has remanded the case due to a lack of post-service medical records and the need for a VA examination to determine if the Veteran has current disabilities related to his gunshot wound injuries in service.

The Veteran has been granted service connection for sleep apnea, which is considered a full grant of the benefit sought on appeal.,Service connection was established for sleep apnea as it began during active duty.

The Veteran's tinea capitis is resolved and does not warrant a compensable rating. The Veteran's residual scar from repaired atrial myxoma has pain but no limitation of function, thus not meeting the criteria for a higher rating under DC 7804.

The Board has determined that the Veteran's current diagnosed left eye iritis and associated photophobia are not related to service, but his left eyebrow scar is a result of an injury sustained during service. The claim for service connection for left eye disorder was denied.

The Board has remanded the case for additional development, including obtaining an addendum opinion from a VA examiner and requesting outstanding medical records. The Veteran's claims for service connection are being remanded to determine if her low back disability had its onset during service or is otherwise related to service. Her claims for hammer toe of the feet and painful scars of the feet are also being remanded, as well as whether new and material evidence has been received to reopen a previous denial of service connection for a left shoulder condition.

The Veteran's appeal has been withdrawn prior to the Board issuing a decision.

The Board denied the Veteran's claims for an increased rating for his right knee disability and a temporary total rating for convalescence following surgery, finding that the criteria for these ratings were not met.

The Veteran's appeal for an effective date prior to January 23, 2009 for the grant of service connection for residuals of high grade undifferentiated soft tissue sarcoma of the lower right thigh muscle group XIV and non-limiting scar has been withdrawn. The claim for a higher initial evaluation remains pending.

The Veteran's service-connected conditions, including ischemic heart disease, PTSD, type II diabetes mellitus, low back disability, and others, have rendered him unable to secure or maintain substantially gainful employment. The Board finds the evidence in equipoise as to whether he is unemployable due to his disabilities.

The Veteran's service-connected disabilities, including diabetes mellitus, coronary artery disease, PTSD, anal fissure, lumbar spine degenerative disc disease and osteoarthritis, tinnitus, peripheral neuropathy, right ankle laxity, inguinal hernia repair residuals, left ear scar, groin scar, and erectile dysfunction, collectively preclude him from obtaining or retaining substantially gainful employment.

The Veteran's right leg pain due to Achilles tendinitis is characterized by persistent pain and limitation of motion during flare-ups, warranting a rating higher than the current 20 percent.