Scars decisions — 2016

The Board has dismissed the Veteran's appeal for service connection for asbestosis due to a grant of service connection in April 2014. The remaining claims, including service connection for post-surgery scar and higher rating for chronic obstructive pulmonary disease, are remanded for further action.

The Veteran's appeal is being remanded for additional development, including a new VA orthopedic examination to comply with Correia v. McDonald (2016).

The Veteran's skin cancer and associated scars are rated based on their specific manifestations, but do not meet the criteria for a compensable rating due to lack of systemic involvement or impairment of function. The current ratings assigned under the applicable diagnostic codes adequately capture the severity of these conditions.

The Board has determined that the Veteran's post-operative residuals of a left inguinal hernia with scar do not meet the criteria for a higher, 10 percent rating under DC 7338. The residual scar does not meet the criteria for a higher rating under DCs 7801-7805.

The Board has determined that the Veteran's cognitive residuals, including headaches and a facial scar, are due to his service-connected TBI. As such, the claim for service connection is granted.

The Veteran's appeal regarding service connection for acquired psychosis has been dismissed due to the grant of benefits under an alternative benefit provision. The claim for new and material evidence for bilateral hearing loss has been reopened, but denied as there is no evidence that meets the criteria for a compensable rating.

The Board has determined that the evidence received since the September 2003 and November 2004 denials is not new and material, and therefore, the claims for service connection for an abdominal scar; burns of the right eye, left side of the face and left leg; and injury to chin, face and head (also claimed as residuals of gunshot wound) are not reopened.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing due to their impact on his ability to walk and use assistive devices.

The Veteran's appeal is being remanded due to the need for a new VA examination and consideration of his TDIU claim.

The Board has remanded the case due to incomplete medical records and inadequate VA examination opinions. The Veteran's hysterectomy and bowel obstruction scarring are being reviewed for potential service connection.

The Veteran's claims for increased ratings are being remanded due to the need for additional examinations and updated records.

The Veteran's appeal is being remanded to obtain additional development, including a VA examination and the provision of VCAA notice. The claims for initial compensable ratings for service-connected disabilities and TDIU are also being remanded.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA medical treatment records and scheduling the Veteran for new VA examinations to assess his service-connected tension headaches and left knee disability. The case will be readjudicated after these actions.

The Veteran's appeal is being remanded for additional development, including obtaining VA and non-VA treatment records, obtaining SSA records, scheduling a VA examination, and readjudicating the claims.

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

The Veteran's claim for service connection for asthma has been reopened and granted. The Veteran is currently rated at 50 percent for sinusitis and pansinusitis, the maximum rating allowed under Diagnostic Code 6510. A separate 10 percent rating for allergic rhinitis was granted effective December 8, 2015.

The Veteran's appeal is being remanded for additional development, including obtaining updated treatment records and scheduling a VA examination to assess the severity of his service-connected right knee disability.

The Board has determined that there was clear and unmistakable error in the October 1970 rating decision, which denied service connection for scar residuals. The effective date of November 18, 1969 is granted.

The Veteran's left knee degenerative arthritis is rated at 10%.,Cervical intervertebral disc syndrome was initially rated at 20%, and from September 27, 2013 to December 8, 2014, it was rated at 30%. From December 9, 2014, the rating is 30%.,Thoracolumbar spine DDD with lumbar intervertebral disc syndrome and thoracic disc herniation has been rated as 20% from December 9, 2014.,Peripheral neuropathy of the right upper extremity was initially rated at 30%. From December 9, 2014, it is rated at 30%.,Right hip strain has a rating of 10%.,Status post bilateral inguinal hernia repair with scars have been rated as 10% since August 30, 2002 and remains at 10%.,Left knee scarring was initially rated at noncompensable (0%) prior to September 27, 2013. From September 27, 2013, it is rated as 20%

The Board has determined that the Veteran's positional sleep apnea is likely attributable to his active military service, and thus grants service connection for this condition.