Scars decisions — 2017

The Veteran's service connection claims for a scar of the right forearm and tinnitus have been denied as there is no evidence that these conditions were aggravated by service or are otherwise related to active duty.

The Board has determined that the Veteran is entitled to a separate rating of 30 percent for his service-connected scars, as they are painful and deep with an area less than 144 square inches.

The Veteran is granted specially adapted housing due to multiple service-connected disabilities, including the loss or use of the left lower extremity and residuals of organic disease/injury affecting balance and propulsion. The issue of a special home adaptation grant is dismissed as moot.

The Veteran's claims for internal derangement of the left knee and instability of the left knee were granted with appropriate ratings. However, his claim for a scar secondary to service-connected disability was denied. The right knee condition remains pending.

The Veteran's claims for service connection for a seizure disorder, migraine headaches as secondary to seizure disorder, and right hand numbness have all been denied. The claim for an initial compensable rating for residual right forearm scar has been granted.

The Veteran's service connection claims for PTSD, skin disorder, back disorder, left knee disorder, and right wrist disorder are denied. The Veteran is currently rated at 30 percent for his PTSD.

The Veteran's service-connected disabilities, including PTSD, cystic and chloracne of the face, neck and back, prostate cancer, moderately disfiguring scars of the face, residuals of acne, and a scar of the right hand, prevent him from securing or following a substantially gainful occupation.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board finds that he is entitled to TDIU based on these conditions.

The Veteran's appeal for an increased rating for his right knee disability and TDIU claim have been granted. The Veteran is now rated at 60% combined disability due to bilateral knee disabilities, which are of common etiology.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the severity of her service-connected disabilities and determine if she has a current diagnosed bilateral hearing loss disability.

The Veteran is entitled to a total disability rating for individual unemployability due to service-connected disabilities prior to March 23, 2012.

The Veteran's appeal for a TDIU was remanded by the Board due to insufficient medical information regarding his employability. The AOJ is instructed to obtain all outstanding records, provide another opportunity for the Veteran to submit evidence, and arrange for a VA examination to assess the functional impact of his service-connected disabilities on his ability to work.

The Veteran's appeal is being remanded for a video conference hearing and further development.

The Board denied service connection for melanoma with scar, asthma, sinusitis, and depression, to include dysthymia as the evidence did not support a link between these conditions and the Veteran's active duty service or presumed herbicide exposure.

The Veteran's appeal is remanded due to the need for a new VA examination to assess the current severity of his service-connected left ankle disability, including any additional limitation of motion due to pain or flare-ups.

The Veteran's appeal is REMANDED to the AOJ for additional development, including obtaining VA treatment records and scheduling a new VA examination. The case will be readjudicated after these actions.

The Veteran's claims for compensable initial evaluations for scars, residuals of excisions of malignant melanoma and the residuals of squamous cell cancer of the parotid gland of the neck, and scars, residuals of excision of basal cell carcinoma of the nose and biopsy of the right cheek, have been denied as there is no evidence of disfigurement or unstable scars.,The Veteran's claims for compensable initial evaluations for scars, residuals of excisions of malignant melanoma and the residuals of squamous cell cancer of the parotid gland of the neck, and scars, residuals of excision of basal cell carcinoma of the nose and biopsy of the right cheek, have been denied as there is no evidence of disfigurement or unstable scars.

The Board has remanded the case due to a request for a video-conference hearing, and no other specific issues have been resolved.

The Veteran's claims for earlier effective dates and increased ratings have been denied. The effective date for the grant of service connection for sleep apnea is February 15, 2011, as this was the earliest possible date based on receipt of a formal claim. For the painful scar, head injury, an effective date prior to January 30, 2014, cannot be assigned because there is no evidence of a painful or unstable scar within one year prior to that date. The Veteran's PTSD and radiculopathy claims are also denied as they do not meet the criteria for earlier effective dates.

The Board has determined that the Veteran's injuries sustained in a motor vehicle accident were due to his own willful misconduct, and therefore not incurred in the line of duty. As such, service connection for the claimed conditions is denied.