Scars decisions — 2015

The Veteran's claims for increased ratings for his service-connected degenerative arthritis of the lumbar spine and posterior trunk scar were denied. The Board found that the evidence did not support a higher rating under any applicable diagnostic codes.

The Veteran's service-connected disabilities, including PTSD, shrapnel wound scars, tinnitus, and bilateral hearing loss disability, prevent him from securing or maintaining substantially gainful employment. The Board has granted a TDIU on both schedular and extraschedular bases.

The Board has determined that the Veteran's post-operative incisional scar and muscle injury of the right thigh does not warrant a rating in excess of 30 percent.

The Veteran's claims for increased ratings and reopening of a service connection claim were denied. The Board found no evidence to support higher evaluations or new material evidence.

The Veteran's service-connected recurrent cyst and painful scar disabilities are recategorized as one disability, resulting in a 60% rating.,An effective date prior to August 5, 2010 for the grant of service connection for recurrent cysts and resulting scars is granted.

The Veteran's sliding hiatal hernia has been rated at 30 percent since February 3, 2015. The right ankle strain and TDIU issues remain unresolved.

The Veteran's claim for an effective date prior to August 4, 2008 for the grant of service connection for residual scarring due to pseudofolliculitis barbae was denied as there is no indication in the evidence that he successfully filed a claim to reopen his previously denied claim any earlier than August 4, 2008.

The Veteran's initial ratings for his service-connected right and left knee scars have been granted, but the right knee scar issue remains pending as he seeks a higher rating.

The Board has remanded the case due to incomplete records and requests for additional information. The Veteran's claims will be reconsidered after all available evidence is obtained.

The Veteran's PTSD alone, combined with other service-connected disabilities rated at 60 percent or more, meets the criteria for a TDIU rating from July 30, 2010. The Veteran is also eligible for SMC under 38 U.S.C.A. § 1114(s) due to his PTSD alone.

The Board found that the Veteran's service-connected disabilities do not prevent her from securing and following substantially gainful employment, as her PTSD and hysterectomy with associated scar have not rendered her unable to work.

The Veteran failed to appear for necessary VA aid and attendance examinations, which prevented the determination of whether he is entitled to special monthly compensation based on need for regular aid and attendance or being housebound due to service-connected disabilities.

The Veteran's service-connected disabilities, including diabetes mellitus, prostate cancer, ischemic heart disease (IHD), tinnitus, right leg neuropathy, left leg neuropathy, hemorrhoids, scleroderma, left eyebrow scar, and erectile dysfunction (ED) have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted the TDIU.

The Veteran's postoperative residual scar of the excision of a hematoma from the left side of the chest has been granted an initial compensable rating (10%) throughout the appeal period.

The Veteran's knee and lumbar spine disabilities have not met the criteria for a higher disability rating under applicable VA regulations.

The Veteran's sleep apnea is secondary to his service-connected allergic rhinitis. The Board has granted this claim.

The Board denied service connection for a disorder manifested by pain in the shoulders, wrists, and knees (arthritis), as well as stomach disorder and scar on the head. The evidence did not establish that these conditions were incurred during or related to active duty.,Service records from active duty do not show any complaints, treatment, or diagnosis of arthritis or chronic joint problems, stomach disorders, or a surgical scar on the head.

The Veteran's service-connected gastrointestinal disabilities have been manifested by symptoms such as vomiting, nausea, reflux, regurgitation, pyrosis, abdominal pain, material weight loss, sleep disturbance, anemia, and ulcers. Despite these symptoms, the disability has not more closely approximated a pronounced ulcer that is totally incapacitating.

The Board has granted service connection for the cause of the Veteran's death due to his service-connected PTSD. The issue of DIC benefits under 38 U.S.C.A. § 1318 is dismissed as moot.

The Veteran's bilateral hearing loss disability is found to be due to injury incurred during active service, and the appeal for this issue is granted.