Scars decisions — 2018

The Board has granted service connection for an aneurysm, right eye disability, vertigo, post-surgical scars of the right neck, right temple, and right thigh, and bilateral arm tremors as secondary to a service-connected aneurysm. Service connection is denied for cervical spine and bilateral hip disabilities, left ear hearing loss, and tinnitus.

The Veteran's appeal for a rating in excess of 40 percent for lumbosacral strain has been dismissed as the Veteran withdrew his appeal.

The Board denied the Veteran's claims for compensation under 38 U.S.C. § 1151 for epilepsy, ischemic subdermal hematoma, left temporal scar, and supraventricular arrhythmia/atriial fibrillation due to a lack of evidence showing fault on the part of VA in providing care.,The Board found that the Veteran's conditions were not proximately due to or the result of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault by VA.

The Veteran's appeal includes multiple issues related to service connection for various conditions. The Board has remanded these cases due to the need for further development, including obtaining SSA records.

The Board has remanded several issues related to the Veteran's hip, foot scars, and back disabilities due to new evidence of worsening symptoms. The Veteran will need to undergo VA examinations for his bilateral hips, hypertension, right foot scars, and thoracolumbar spine.

Service connection is granted for traumatic angle recession glaucoma of the left eye. Service connection is denied for glaucoma of the right eye and scar of either eye.

The Veteran withdrew his appeals for all the claims currently before the Board, including increased ratings for various conditions and a compensable rating for early giant papillary conjunctivitis.

The Veteran's hypertension is denied as there is no evidence of service connection or a compensable degree within the presumptive period. The initial rating for left foot hammertoes and right foot surgical scars are granted at 10 percent, while the initial rating for left foot surgical scars is also granted at 10 percent. The acquired psychiatric disorder is rated at 70 percent.

The Veteran's claim for an initial disability rating in excess of 30 percent for painful scars, including right inguinal hernia repairs scar and bilateral foot/ankle scars, is denied. The medical evidence does not support a higher rating under the applicable VA rating criteria.

The Board has remanded the claims of higher rating for PTSD, service connection for hearing loss, heart condition, sinusitis, left ankle and knee conditions, scar of right eyebrow, and tinnitus. The RO is directed to address these issues.

The Veteran is granted an effective date of November 19, 1994 for the award of service connection for a right armpit scar. Service connection for tinnitus and IBS are denied as there is no evidence linking these conditions to his military service.

The Veteran is granted total disability based on individual unemployability due to service-connected disabilities prior to March 2, 2011 and from June 11, 2013. TDIU is denied for the period from March 2, 2011 to June 10, 2013.

The Board denied payment or reimbursement for non-VA medical care under the Camp Lejeune Family Member Program (CLFMP) because the appellant did not reside at Camp Lejeune and was not in utero during her husband's service period. The claim is denied as she has not submitted evidence of treatment for covered illnesses or conditions.

The Veteran's claim for an increased rating in excess of 10 percent for a superficial scar that is painful on examination, as secondary to the service connected disability of open heart surgery for mitral valve repair was denied. The Board also remanded his claim for a separate compensable rating for residual linear scar based upon limitation of muscle function, as secondary to the service connected open heart surgery for mitral valve repair.

Service connection for hypertension is granted. An evaluation higher than 50 percent for obstructive sleep apnea is denied.,An evaluation higher than 10 percent for residuals of appendectomy (abdominal scar disability) is denied. An effective date earlier than March 13, 2013, for the award of service connection for OSA is denied. An effective date earlier than September 30, 2014, for the grant of a 70 percent rating for PTSD is denied.,A total disability rating based on individual unemployability (TDIU) due to service-connected disability is granted.

The Board has determined that the Veteran's corneal scar, residual of a left eye injury sustained in service, is related to his military service and grants service connection for this condition.

The Board has determined that the Veteran's pre-existing burn scars of the right leg and right upper arm did not undergo permanent worsening during his service, thus denying service connection for aggravation.

The Veteran's claim for a compensable evaluation for residual scars from lacerations of the left middle, ring, and little fingers is denied as there is no evidence of painful or unstable scars that meet the criteria for a compensable rating.

The Veteran's claim for service connection for bilateral hearing loss is denied. The Veteran's claim for an increased rating for shrapnel wounds to the face with scars is granted, and he is now rated at 20 percent effective May 6, 2011.

The Board has remanded the case due to unclear evidence regarding whether the Veteran's right hand disability has improved, and whether his postoperative scar is painful.