Scars decisions — 2018

The Board has dismissed all service connection claims due to the death of the appellant.

The Board has remanded several issues related to the Veteran's claims for service connection, including arthritis of the wrists, left knee condition, left hand scars, right ankle condition, vertigo and/or Meniere's disease secondary to hearing loss, migraine headaches secondary to hearing loss, Raynaud's disease of various extremities, anemia, and acquired psychiatric disorders. The remand requires additional examinations and opinions.

The Veteran's PTSD is rated at 50% prior to June 2, 2016 and denied for higher evaluation. For the period beginning June 2, 2016, his PTSD is rated at 70%, which is also denied for a higher evaluation. The cystic acne vulgaris is rated at 60%. The facial scar is rated at 10%. TDIU due to service-connected disability (PTSD) starting June 2, 2016 and SMC based on statutory housebound status beginning June 2, 2016 are granted.

The Board has dismissed the claims for DJD of the cervical spine and lumbar spine, as well as the ratings for left knee, internal derangement of the left knee, residuals of a right knee meniscectomy, scarring of the right knee, and hidradenitis suppurativa. The issues of service connection for obstructive sleep apnea (secondary to major depressive disorder), rating in excess of 50 percent for major depressive disorder, and TDIU have been remanded.

The Veteran's right shoulder disability was rated at 10 percent prior to May 2, 2017. Since then, a higher rating of 20 percent has been granted.

The Veteran's right wrist disability, which includes a post-operative fracture and degenerative joint disease with a scar, is currently rated at the maximum schedular rating of 10 percent. The Board found that there was no limitation of motion or ankylosis to warrant a higher rating.

The Veteran's claims for higher initial ratings and service connection are remanded due to the need for new VA examinations and the identification of outstanding private treatment records.

The Veteran's tender scars on the right forearm and left posterior calf are rated at a 30% since December 1, 2011.

The Board has remanded two issues: the Veteran's claims for increased ratings for his service-connected right shoulder disability and associated scars. The issues are inextricably intertwined with a TDIU claim, which is also being remanded.

The Veteran's service-connected disabilities, including PTSD, abdominal scar, hearing loss, and tinnitus, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a total disability evaluation based on individual unemployability (TDIU).

Service connection for a psychiatric disorder, residual right wrist scars, and residual pilonidal cyst removal scar are granted. A 10% evaluation is assigned for the residuals of these conditions starting from November 6, 2012.

The Veteran's claims for higher ratings and a total disability rating based on individual unemployability (TDIU) were denied. The Veteran was not granted any increased ratings or TDIU prior to May 18, 2016.

The Veteran's claim for service connection for right ear hearing loss is denied as there is no current evidence of a disability.,The Veteran's claim for an increased rating for diabetes mellitus, type 2, is denied as the evidence does not show that his condition requires daily insulin injections and restricted diet with regulation of activities.,The Veteran's claim for an increased rating for recurrent epidermal cysts with scars, recurrent dermatitis and pseudofolliculitis barbae is denied as there is no evidence showing disfigurement or disabling effects.

The Veteran's claim for an initial compensable rating for a painful left palm scar is granted from January 4, 2012. The claim for service connection for a low back disorder is reopened and remanded.

The Veteran's claim for an earlier effective date for service connection and initial noncompensable rating (zero percent) for his post-operative, residual scar of the lumbar spine was denied.,The Veteran's claim for a higher initial rating for his post-operative, residual scar of the lumbar spine was also denied.

The Board denied service connection for the cause of the Veteran's death, finding that his depressive disorder did not directly lead to the fatal stabbing by his child's mother. The Board concluded that there was no evidence linking the Veteran’s depression to the actions of the mother.

The Board denied the Veteran's claim for service connection for a cut neck, finding that there is no current disability related to an in-service injury. The left knee scar was not found to be painful or unstable and did not result in any functional impairment. The adjustment disorder with depressed mood and substance abuse was rated at 70 percent disabling but the Board determined it does not meet the criteria for a higher rating due to total social impairment.,The Veteran's adjustment disorder with depressed mood and substance abuse is currently rated as 70 percent disabling, which is the maximum schedular rating available under Diagnostic Code 9440. The Board found that while the Veteran exhibits social isolation and irritability, he maintains supportive relationships with his family.

The Veteran's service-connected disabilities have rendered him unemployable since February 17, 2011. The Board has granted TDIU effective that date.

The Veteran's sliding hiatal hernia is rated at 30 percent, but no higher. The decision also grants TDIU based on the combined effect of his service-connected disabilities.

The Veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of the claims as they are no longer relevant.