Scars decisions — 2018

The Veteran's appeal is remanded for a determination on his claim of entitlement to a disability rating in excess of 10 percent for arteriosclerotic cardiovascular disease (CAD).

The Veteran's service-connected disabilities, including status post sphincterotomy with fissurectomy and pruritus ani, irritable bowel syndrome (IBS), hemorrhoids, and residual scar, are rated at a combined 80 percent. The Board finds that these conditions render the Veteran unemployable due to their severity.

The Veteran's service-connected COPD, including scarring of the lungs and resolved bronchitis and pneumonia, is granted with a 60% disability rating from June 16, 2009 to November 29, 2016. The effective date for this grant remains at June 16, 2009.

The Veteran's claims for a compensable disability rating for bilateral tinea pedis, service connection for low back and left knee disabilities, right shoulder and bilateral finger disabilities, hypertension, and obstructive sleep apnea are being remanded due to the lack of probative medical evidence sufficient to adjudicate these specifics.

The Board denied service connection for a low back disability, as well as initial compensable ratings for facial and groin scars. The Veteran's current conditions are not associated with his military service.

The Board has dismissed all service connection claims due to the Veteran's death.

The Board has remanded the issue of entitlement to a total disability rating based on individual unemployability due to service connected disabilities (TDIU) prior to October 5, 2011. The Veteran's appeal is now back with the Board for further development and consideration.

The Board has determined that additional evaluations are needed for the Veteran's right ankle degenerative joint disease and scar of the left hand long finger due to incomplete examination reports and lack of information on testing for pain, flare-ups, and additional loss of range of motion.

The Veteran's claims for higher initial ratings for his service-connected left ankle disability and scar of the left ankle were denied. The Board found that the evidence did not support a rating in excess of 20 percent for the left ankle disability or any compensable rating for the scar.

The Veteran's claim for a higher rating for bladder cancer is denied as his condition does not meet the criteria for a rating higher than 60 percent.,The Veteran's claim for a compensable rating for his scar secondary to bladder cancer is denied due to the scar not meeting the criteria under Diagnostic Code 7801 or 7802.

The Board denied the Veteran's claims for clothing allowances due to the use of a wheelchair, medication for a skin disorder, and wrist braces. The reasons include that none of these conditions are service-connected, or if they were, their use does not benefit other service-connected disabilities.

The Board has granted service connection for a right fifth finger scar and remanded the issue of entitlement to a compensable disability rating for chronic sinusitis.

The Board denied service connection for a compression fracture of the C4 and 5 vertebrae by history, right knee injury, and laceration scar of the forehead due to failure to show aggravation during service.

The Veteran's service-connected disabilities render her unable to secure or follow a substantially gainful occupation, and the Board grants a total disability rating based on individual unemployability (TDIU).

The Veteran's service-connected coronary artery disease and associated scar have made it impossible for him to obtain or maintain employment, leading to a TDIU determination.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to insufficient evidence regarding the cause of his current rectal, psychological, and nerve conditions.

The Board has determined that further development is necessary before the claims for compensable ratings for post-surgical scars of the left foot, right leg, and right knee can be properly adjudicated. Specifically, a new VA examination is needed to assess the current severity of these scars.

The Veteran's service-connected disabilities, including anal fistula and pseudofolliculitis barbae, did not render him unemployable. The non-service-connected conditions of knee problems, diabetes, neuropathy, and back issues were found to be the primary reasons for his inability to work.

The Board has remanded the claim for TDIU on an extraschedular basis due to inadequate VA examinations and a lack of information regarding the Veteran's employment history. The case will be returned to the Board after additional development.

The Board has found that the duty to assist in obtaining an updated VA examination attaches to ascertain the current severity of the Veteran’s service-connected back disability and radiculopathies. The case is being remanded for further action.