Scars decisions — 2018

The Board has decided to remand the claims for lumbar spine disorder, traumatic brain injury (TBI), and scar, inner lower lip due to issues with the Veteran's current address. The VA needs to verify his new address and obtain updated treatment records.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining SSA records.

The petition to reopen the claim of service connection for scarring due to spider bites is granted. Entitlement to a 10 percent rating (but no higher) for residuals of a fracture of left 5th finger is granted, subject to the regulations governing the payment of monetary awards. The issue of entitlement to a rating in excess of 10 percent for hyperesthesia of the lateral aspect of left 5th finger is remanded.

The Veteran's claim for bilateral hearing loss is denied as he does not have a current disability.,The Veteran's claims for effective dates prior to February 3, 2014 are denied as the earliest possible effective date has already been assigned.,The Veteran's claim for an initial rating in excess of 50 percent for service-connected obstructive sleep apnea is denied as his condition does not meet the criteria for a higher rating.,The Veteran's claim for an initial rating in excess of 10 percent for service-connected tinnitus is denied as he has been assigned the maximum schedular rating available under VA regulations.,The Veteran's claim for an initial rating in excess of 10 percent for service-connected sinusitis is denied as his condition does not meet the criteria for a higher rating.,The Veteran's claim for an initial compensable rating for service-connected hypertension is denied as his condition does not meet the criteria for a higher rating.

The Board denied service connection for erectile dysfunction and scarring of the glans penis with complications of urethral stenosis, finding that there was no medical evidence linking these conditions to service.

The Board denied service connection for a neck disability and a right knee disability, including painful scars, as the evidence did not establish that these conditions began during service or were related to an in-service injury.

The Veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of this case as he is no longer alive.

The Veteran's claim for a compensable evaluation for keloid scars of chest was denied. An initial 100 percent disability rating is granted for PTSD, effective July 2, 2010. The issue of entitlement to Total Disability Rating Based on Individual Unemployability (TDIU) due to service-connected disabilities is dismissed as the Veteran's PTSD alone meets the criteria for a 100% disability rating.

The Veteran's claims for service connection and increased ratings are denied. The AOJ is instructed to obtain VA treatment records, arrange for a new examination regarding obesity, and remand the remaining issues.

The Veteran's residual scar due to right inguinal hernia repair is rated at a 10 percent rating, but no higher. The scar has been manifested by pain for the entire period on appeal.

The Board denied service connection for a heart disorder, bypass surgery scarring, and residuals of a stroke due to lack of evidence of herbicide exposure in Thailand. The Veteran's claims were not granted as his heart condition is not related to service.

The Board has remanded the claims for an in-person VA examination to address the inadequacies of a previous VA examination, and to determine if there are any additional degrees of limited range of motion due to flare-ups or after repeated use.

The Veteran's Crohn's disease is rated at 60% since November 10, 2010. The tender abdominal scar is currently rated at 10%. Both conditions are granted.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for new VA examinations to assess current severity of his service-connected disabilities.

The Veteran's initial increased rating of 80 percent for residual scars on the head, face, or neck is granted prior to February 3, 2011. The appeal remains in appellate status as the disability rating is not effective for the entire period on appeal.

The Veteran's service-connected disabilities, including PTSD, bilateral knee replacements, ischemic heart disease, and bilateral hearing loss, make it impossible for him to secure or maintain substantially gainful employment. As a result, the Board has granted entitlement to Total Disability Rating Based on Individual Unemployability (TDIU).

The Veteran's appeal is remanded for further evaluation of his claims related to right shoulder, bilateral hip and ankle disorders, and a right foot disorder. The rating for the fracture of the left fifth metatarsal remains unchanged.

The Veteran's service-connected disabilities, including PTSD, DM II, peripheral neuropathy, and bilateral hearing loss, render him unemployable. The Board has granted TDIU based on the severity of his service-connected conditions.

The Veteran's initial compensable rating for a scar on the left upper arm/shoulder has been denied, and his claim for an increased rating of residuals from a shell fragment wound to the left shoulder is remanded.

The Board has determined that the Veteran's service-connected disabilities do not render him unemployable, as his functional impairments are not severe enough to prevent him from obtaining and maintaining substantially gainful employment.