Scars decisions — 2018

The Veteran's appeals for increased ratings and effective dates have been dismissed due to the withdrawal of claims by his attorney, as well as the lack of evidence showing he filed a claim prior to certain effective dates.

The Veteran's initial ratings for type 2 diabetes mellitus and hypertension have been granted, but his scars of the left hip, abdomen, and right index finger remain noncompensable.

The Board has denied the Veteran's claims for a compensable rating for residuals scar, left femur and residuals fracture, left mandible as there is no evidence of pain or instability in the scars. The issues of entitlement to increased ratings for other conditions are remanded.

The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Veteran withdrew his appeals for a disability rating in excess of 10 percent for right ankle degenerative joint disease with healed surgical scar and for a temporary total rating under 38 C.F.R. § 4.30 in association with right ankle surgery.

The Veteran's claim to reopen service connection for a back disability was denied as new and material evidence did not relate the current condition to his military service.,The Veteran's claim to reopen service connection for a right knee scar was denied as no evidence showed an injury in service or related it to his current condition.

The Veteran's claim for an increased evaluation for his service-connected corneal scar of the left eye is remanded due to lack of recent medical evidence and potential changes in his condition.

The Board has remanded the Veteran's claims for neck and right shoulder disabilities due to their potential secondary relationship with his service-connected right foot scar residuals. The VA examination did not adequately address these issues.

The Veteran's appeal for an initial rating in excess of 10 percent for lumbar spine degenerative disc disease and arthritis has been dismissed. The issues of service connection for recurrent right facial laceration scars, brain disorder to include lesions claimed as the result of exposure to Camp Lejeune contaminated water and jet fuel, and a dilated aorta with left ventricle hypertrophy are remanded.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and clarification of opinions.,A VA examination is needed to determine if the Veteran has a stomach condition related to his period of service. The claim for service connection for neuropathy of the right lower extremity will also be remanded, as the examiner's opinion was unclear regarding whether it is secondary to his lumbar spine disability.,The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and clarification of opinions. The VA examination should assess if any flare-ups have affected the Veteran’s range of motion, pain levels, and functional loss.,A VA examination is needed to determine the nature and severity of the Veteran's cervical spondylosis and right knee strain. The examiner will need to consider the frequency and length of any incapacitating episodes in the past year.,The Veteran's claims for increased ratings are being remanded due to the need for additional examinations and clarification of opinions. A VA examination should assess if any flare-ups have affected the Veteran’s range of motion, pain levels, and functional loss.,A VA examination is needed to determine the nature and severity of the Veteran's scar from a hand injury. The examiner will need to consider the frequency and length of any incapacitating episodes in the past year.,The Veteran's claims for increased ratings are being remanded due to the need for additional examinations and clarification of opinions. A VA examination should assess if any flare-ups have affected the Veteran’s range of motion, pain levels, and functional loss.

The Veteran's scars of the left thumb are rated at 20 percent, effective February 6, 2013. The skin disability is rated at 10 percent.

The Board denied the Veteran's claim for special monthly compensation (SMC) housebound based on her service-connected disabilities, finding that she does not meet the criteria for SMC housebound as defined by law and regulations.

The Veteran's back disability is currently rated at 40% and his right and left lower extremity radiculopathy are each rated at 10%. The Board has remanded the case for further evaluation.,Separate evaluations of 10% and 20% have been granted for the Veteran's right and left lower extremity radiculopathy, respectively.

The Veteran's claims for increased ratings and service connection are remanded due to the need for additional examinations and opinions.

The Veteran's service-connected conditions do not preclude him from securing or following a substantially gainful occupation.

The Veteran's initial compensable ratings for chronic exertional compartment syndrome of the left and right legs, as well as lower leg scars, have been denied. The criteria for a compensable rating under applicable diagnostic codes were not met due to lack of malunion or nonunion of the tibia and fibula, no instability or arthritis in the knees or ankles, and asymptomatic scars.

The Veteran's claims for service connection for peripheral neuropathy of the upper extremities, bilateral tibial axonal neuropathy of the lower extremities, gall bladder removal and abdominal scar, Barrett’s disease, and left ear hearing loss are denied. The AOJ is instructed to obtain medical opinions regarding these issues.

The Veteran's service connection claim for degenerative joint disease of the thoracolumbar spine is denied. A higher initial disability rating of 10 percent for hypertension is granted, but no higher. The claims for left lateral epicondylitis and laceration scar on the vertex of the scalp are both denied.

The Board denied an earlier effective date for the grant of a total disability rating based on individual unemployability (TDIU) because the Veteran was able to secure and follow a substantially gainful occupation prior to May 30, 2009.

The Veteran's initial claim for lipomas and residual scarring was granted with a rating of 0 percent, effective February 20, 2013. The RO increased the rating to 10 percent in May 2014 but did not consider multiple painful lipomas or scars that could affect range of motion. The Board has ordered remand for further examination and evaluation.