Scars decisions — 2017

The Board has determined that the Veteran's service-connected conditions do not warrant a higher rating or TDIU based on the evidence of record.

The Veteran's appeal is being remanded for additional development, including a new VA psychiatric examination to assess his employability due to service-connected PTSD and a scar at the dorsal aspect of the penis. The Veteran should also be asked to provide any employment records from his former employer.

The Board has determined that the Veteran's service-connected disabilities make it impossible for him to secure and maintain substantially gainful employment, thus granting a TDIU.

The Veteran's appeal for increased evaluations for his service-connected left shoulder disability and scars of the left shoulder has been denied. The Board found that the evidence did not support an evaluation in excess of 20 percent for either condition.

The Veteran's right shin scar is rated at 10 percent, but the Board finds that it does not meet the criteria for a higher rating due to its pain and stability.,The Veteran's right ring finger disability with ankylosis is currently rated as noncompensable. The Board finds no basis for a compensable rating given the current findings.

The Board has denied service connection for a respiratory disorder, but granted service connection for degenerative arthritis of the spine and residuals of a recurring cyst or tumor on the right middle finger. The claim for service connection for low back disability remains pending as it was not addressed in this decision.

The Veteran's claims for a compensable initial evaluation for scars from basal cell carcinoma excision, service connection for bilateral hearing loss disability, and service connection for left ankle disability were all granted. The effective date is not specified.

The Veteran's claims for service connection for residuals of a traumatic brain injury, radiculopathy of the right lower extremity, skin disorder, and scar above the right eye were denied. The Board found that there was no objective evidence of right lower extremity radiculopathy or left lower extremity radiculopathy in the Veteran's records.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing due to his inability to use a wheelchair or other assistive devices.

The Veteran's appeal is being remanded for additional development to determine his ability to secure and follow a substantially gainful occupation due to service-connected disabilities prior to June 30, 2010.

The Board has remanded the case for further proceedings, including obtaining clarification and supplemental opinions regarding the need for aid and attendance based on service-connected disabilities. The claim is also being remanded to issue a Statement of the Case for issues related to service connection or the cause of the Veteran's death and entitlement to DIC.

The Veteran's appeal is being remanded for additional development, including VA examinations and further medical opinions.

The Veteran's bilateral plantar fasciitis has been granted an initial 30 percent disability rating.

The Veteran's claim for an increased evaluation for his left knee disability, which was previously rated as status post repair of anterior cruciate ligament (ACL) insufficiencies and multiple surgeries with degenerative arthritis, is being remanded due to the need for a VA examination. The most recent treatment records are outdated, and he underwent revision surgery in 2010.

The Veteran's claim for an increased rating for his chronic lumbar strain has been granted, with a current effective date of November 26, 2007. The Veteran is currently rated at 20 percent for this disability.

The Veteran is unable to obtain and maintain substantially gainful employment due to her service-connected disabilities, which include headaches, major depressive disorder, lumbosacral strain, cervical strain, hearing loss of the right ear, status post nasal bone fracture, and a burn scar of the right forearm. As such, the criteria for TDIU have been met.

The Board has determined that the Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and entitlement to a TDIU on an extraschedular basis is granted.

The Veteran's appeal is remanded to allow clarification of his work history and education, as well as additional medical records. The TDIU claim will be readjudicated with consideration of all evidence added since the last supplemental statement of the case.

The Veteran's service-connected digestive disability, including GERD and dysphagia, is rated at 30 percent. The Board finds a separate rating of 10 percent for esophageal stricture under Diagnostic Code 7203.

The Veteran's claim for service connection for sleep apnea, which is secondary to his service-connected disabilities, including PTSD and prostate cancer residuals, needs further examination as the current VA examiner's opinion was internally inconsistent.