Scars decisions — 2015

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the current manifestations of his left testicular cancer residuals.

The Board has determined that the Veteran's sleep apnea, heartburn, fractured right metacarpal, and scarring of the face and neck are all related to his active service. The initial compensable rating for bilateral hearing loss is denied.

The Board has determined that the Veteran's service-connected disabilities prevent him from securing and following substantially gainful employment, warranting a TDIU rating.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and ensuring all issues are properly addressed.

The Veteran's claims for increased evaluations were denied. The Board found that the evidence did not meet the criteria for a higher rating under Diagnostic Codes 7800 and 7804.

The Veteran's service-connected disabilities have resulted in permanent and total disability that is due to the loss or loss of use of one or both lower extremities, precluding locomotion without the aid of braces, crutches, canes or a wheelchair. The Board finds that this meets the criteria for specially adapted housing.

The Veteran's service-connected disabilities prevented him from obtaining and maintaining all forms of substantially gainful employment prior to August 24, 2011. From that date forward, the evidence does not show he is unable to secure or follow a substantially gainful occupation.

The Veteran's original claims for service connection were not received by VA prior to March 1, 2010. The effective date for the grants of service connection for PTSD; cervical spondylosis with neck myelopathy/radiculopathy; left upper extremity peripheral neuropathy/radiculopathy; scar, residuals, shrapnel fragment wound, neck; linear scar inferior to the left patella; and curvilinear left medial knee scar disabilities is denied.,The effective date for the grant of service connection for right foot drop is granted as March 1, 2010. The appeal period had not ended when the information concerning right foot drop compensation was specifically raised by the Veteran.

The Veteran's appeal is being remanded for additional development, including a VA examination and the acquisition of relevant medical records.

The Board denied increased ratings for multiple service-connected conditions, including a scar on the right buttock and thigh, right lateral cutaneous neuropathy, residuals of shell fragment wounds to both legs, and residuals of a shell fragment wound to the right buttock. The Veteran's claims were not granted as his conditions did not meet the criteria for higher disability ratings under applicable VA rating criteria.

The Veteran's appeal for a higher evaluation for bilateral hearing loss is addressed in the REMAND portion of the decision. The Board finds that the criteria for a TDIU, as of March 24, 2011, have been met.

The Veteran's claim for an earlier effective date for the grant of service connection for a residual scar of the right armpit was denied as he did not file any claims or submit evidence within one year of previous decisions denying his claims. The earliest possible effective date is December 9, 2003.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled hearing. The case will be returned to the Board after scheduling him for an appropriate video conference hearing.

The Veteran's service-connected disabilities are so severe as to preclude him from obtaining or maintaining employment, physical or sedentary, which could be considered substantially gainful versus just marginal in comparison when realizing his level of education, prior work experience and training.

The Veteran's appeal is being remanded for a rescheduled hearing before a Veterans Law Judge of the Board.

The Veteran's service-connected hallux valgus and right foot scar have been rated as 20 percent disabling. The TDIU claim has also been granted.

The Veteran's appeal is being remanded for additional development, including a VA medical opinion regarding the left inferior chin scar and its impact on his facial nerve and muscle. The TDIU claim will also be considered under 38 C.F.R. § 4.16(b).

The Veteran's appeal is being remanded to schedule a VA examination due to the inadequacy of the March 2013 VA examination.

The Veteran withdrew her appeal regarding several rating and effective date claims, including for major depressive disorder with anxiety disorder, left thoracic outlet syndrome, removal of middle and anterior scalene muscles, status post resection cervical and first thoracic ribs, residual scar, and service connection.

The Veteran's claims for increased ratings and effective dates have been denied. The right upper extremity radiculopathy, left foot pes planus, and neck scar conditions are all rated at their maximum allowable levels.