Scars decisions — 2018

The Board has denied the Veteran's claims of service connection for various disabilities, including a painful appendectomy scar and diabetes mellitus. The case is being remanded to obtain an opinion on whether the Veteran’s diabetes is secondary to his service-connected coronary artery disease (CAD).

The Board has determined that the VA examinations and medical opinions are inadequate to decide the Veteran's claims for service connection. Therefore, the cases are being remanded for further development.

The Veteran's claim for a rating in excess of 30 percent for migraine headaches is remanded due to lack of recent medical records. The compensable rating for status post left ovarian cyst and cervical scarring remains denied.

The Veteran's appeals seeking compensable ratings for various conditions have been dismissed. The right ankle disorder claim was denied as new and material evidence has not been received.

The Veteran's service-connected left knee disability, prior to October 4, 2017, was rated at 10 percent due to painful motion without additional limitation of flexion or extension. The Board found no evidence supporting a higher rating.

The Board has granted service connection for bilateral hearing loss and tinnitus. The Veteran's claims for chronic ear infections, right ear with chronic eustachian tube dysfunction, and right ear drum perforation and scarring are remanded due to insufficient medical opinions.

The Veteran's claims for increased ratings on his service-connected laceration scar above the right eye and residuals of a fifth metacarpal fracture were denied due to failure to report to VA examinations. The claim for a 10 percent rating under 38 C.F.R. § 3.324 was also denied as there is no evidence that his service-connected disabilities interfere with normal employability.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU rating prior to March 11, 2016 and after December 31, 2017.

The Veteran's service-connected disabilities preclude him from obtaining and retaining substantially gainful employment, leading to the grant of TDIU.

The claims for service connection for scarring alopecia (claimed as hair loss) and PTSD have been rendered moot due to the complete grant of benefits. The remaining issues, including sleep apnea, vestibular disorder other than vertigo, TBI, fibromyalgia, back disorder, bilateral ankle disorder, eye disorder, respiratory disorder, hypertension, and skin disorder other than scarring alopecia, are remanded for further development.

The Veteran is granted a total disability rating based on individual unemployability due to service-connected disabilities, as his combined disability rating is at least 100 percent and he cannot secure or follow substantially gainful employment due to his service-connected conditions.

The Veteran's claim for increased ratings for hemorrhoids and post-operative left inguinal hernia with scar was denied. The Board found that the evidence did not support a compensable rating for either condition during any period on appeal.

The Veteran's claims for increased ratings for scars on the left face and neck, right arm, and left arm were denied as they do not meet the criteria for a compensable disability rating under applicable VA regulations.

The Veteran's claims for increased ratings for his lumbar spine disability, left lower extremity radiculopathy, and facial scar were denied as the evidence did not meet the criteria for higher ratings under the applicable rating schedule.

The Veteran's claim for service connection for left ear hearing loss has been reopened and granted. His tinnitus is already at the maximum schedular evaluation, so he cannot receive a higher rating. The right eye disability claims are remanded.

The Veteran's bilateral hearing loss and tinnitus have been granted service connection as they are at least in equipoise with the evidence of record.,A noncompensable rating is assigned for right hand laceration residuals, while a noncompensable rating is also assigned for right hand scar.

The Court affirmed the Board's January 2010 decision on the issues of earlier effective dates for service connection, and thus the Veteran's CUE motion is moot.

The Board denied service connection for the cause of the Veteran's death in July 1990, concluding that his service-connected disabilities did not contribute to his death.

The Board has remanded the claims of service connection for lupus, hypertension as secondary to lupus, and lupus scars due to a lack of official record of the November 2017 rating decision granting these conditions. The validity of this decision must be confirmed by the RO.

The Veteran's service-connected disabilities, including tinnitus and multiple cardiovascular conditions, have rendered him unable to secure or follow substantially gainful employment. Service connection for tinnitus is granted based on in-service noise exposure.