Scars decisions — 2018

The Board denied the Veteran's claims for service connection of various disabilities, including left knee and leg conditions, a right foot disability, and left eye vision loss. The denial is based on lack of evidence linking these conditions to service.,Additionally, the Board found that the Veteran does not require aid and attendance or housebound status, thus denying his claim for special monthly pension benefits.

The Board has denied the Veteran's claims for earlier effective dates and service connection, as well as her requests for higher ratings. The case is remanded for further action on some of the issues.

The Board has decided to remand the Veteran's claims for service connection for a right knee scar and generalized anxiety disorder (claimed as PTSD) due to insufficient evidence regarding the in-service events. The AOJ is instructed to clarify when the Veteran believes an in-service injury occurred, obtain relevant medical records, verify his periods of service, and provide addendum opinions from appropriate physicians.

The Veteran's service-connected disabilities, including PTSD, bilateral knee disabilities, and scars, meet the criteria for schedular consideration of TDIU since July 1, 2011. The Veteran is unable to work due to her service-connected conditions.

The Veteran's service-connected disabilities render him in need of regular aid and attendance, which is granted for special monthly compensation.

The Veteran's initial ratings for nephrolithiasis and bunionectomy scars on each foot are granted. However, the Veteran's spondylolisthesis L4-5 with IVDS and DJD is remanded due to a need for further examination.

The Board has remanded the Veteran's claim for TDIU from December 23, 2002 to May 16, 2012 due to concerns about substantial compliance with prior remand instructions and reliance on an inadequate VA medical opinion. The case is now being remanded for further development.

The Veteran's service-connected mood disorder with depressed features, chondromalacia patella of the right knee, and other conditions have prevented him from securing or following substantially gainful employment.

The Board has remanded the case due to insufficient evidence regarding the Veteran's right knee disability, including a lack of medical records from his incarceration and updated VA treatment records.

The Veteran's total disability rating based on individual unemployability (TDIU) was effective from March 1, 2010. The Appellant is not entitled to enhanced DIC benefits under 38 U.S.C. § 1311(a)(2) as the Veteran did not have a continuous period of at least eight years of total disability prior to his death.

The Board has remanded the claims of service connection for a chronic right hand disorder and entitlement to TDIU prior to November 8, 2012 due to incomplete development. The Veteran's case will be returned for further examination and readjudication.

The Veteran's service-connected back, right lower extremity radiculopathy, and scar disabilities are being remanded for further evaluation due to increased symptomatology reported since the last VA examination in June 2016.

The Veteran's scar of the left lower extremity was granted an initial rating of 10 percent, effective from the date of service connection in May 2000. The Board found that the scar is painful and meets the criteria for a single 10 percent disability rating under Diagnostic Code 7804.

The Veteran's hernia and surgical scar have been granted initial ratings of 30 percent and 10 percent, respectively. The hernia is rated based on its symptoms of persistent stomach pain and other related issues, while the surgical scar is rated for its painful nature.

The Veteran's thoracic spine strain is currently rated as 10 percent disabling, and the Board finds a 20 percent rating is warranted.,The Veteran’s right elbow lateral epicondylitis warrants an initial rating in excess of 10 percent.,The effective date for service connection of diabetes mellitus must be earlier than December 17, 2007.,The Veteran's diabetic nephropathy requires a higher initial rating.,The Veteran’s coronary artery disease with bypass graft warrants an initial rating in excess of 30 percent.,The effective date for service connection of nonproliferative diabetic retinopathy must be earlier than March 25, 2010.,The Veteran's hypertension requires a higher initial compensable rating.

The Veteran's claims for increased ratings for his left and right ankle disabilities, as well as his sural nerve neuropathy of the lower extremities, are denied due to the amputation rule.,From September 20, 2010, but no earlier, the Veteran is granted a TDIU based on service-connected disabilities.

The Board has remanded the cases due to issues related to CUE in previous rating decisions, and the current appeal is considered inextricably intertwined with these matters.

The Veteran's initial compensable ratings for residual scars from lesion removal and left inguinal hernia repair have been granted. The Veteran's hidradenitis suppurativa, sinusitis, and right nephrolithiasis status post lithotripsy are denied increased ratings. Service connection claims for urinary tract infections and yeast infections remain pending.

The Board has remanded the case due to issues with the VA examination and further development is required.

The Board has determined that the Veteran's hypertension and erectile dysfunction are not related to his service-connected conditions, but may be secondary to them. The Veteran's status post colon resection disability is also remanded for further evaluation.