Scars decisions — 2018

The Board has remanded the Veteran's claims for service connection and increased rating for various disabilities, including cervical radiculopathy of the right upper extremity, left shoulder arthritis, right shoulder arthritis, degenerative disc disease of the cervical spine with strain status post fusion, degenerative disc disease of the lumbar spine, degenerative joint disease of the right hip, degenerative joint disease of the left hip, left knee arthritis, leg length discrepancy, chronic right ankle sprain with avulsion fracture and Morton’s neuroma, scar, anterior neck, nonlinear surgical scar, right shoulder, surgical scars, right shoulder, tension headaches, right inguinal neuropathy, status post inguinal hernia repair, attention-deficit and hyperactivity disorder (ADHD) with mood disorder, and bruxism with temporomandibular joint dysfunction. Additional examinations are needed to determine the current severity of these disabilities.

The Veteran's service connection claims for residuals of pneumonia, hypertension, left knee surgical scars, migraine headaches, and PTSD have been granted. The Veteran is also remanded for further evaluation on his left knee disability.

The Veteran's claim for bilateral pes planus was denied. The reduction of the left knee disability rating from 20% to 10% was not proper, and restoration of the 20% rating is granted. A higher (compensable) initial disability rating for right knee surgical scars is denied. An increased disability rating higher than 30% for residuals of right knee torn meniscus with chondromalacia is denied. An initial disability rating higher than 70% for adjustment disorder with mixed anxiety and depressed mood is denied. An initial disability rating higher than 10% for lumbar degenerative disc disease with spondylosis is denied. An initial disability rating higher than 10% for right lower extremity radiculopathy is denied. The effective date earlier than July 1, 2014 for the award of a 30 percent rating for the right knee disability is denied.

The Veteran's claim for service connection of right foot bunion was granted. The claims for residuals of right hand fracture, scar of the nose (residuals of nasal fracture), and left foot bunion were denied. Bilateral hearing loss and tinnitus are remanded.

The Board has granted service connection for left shoulder strain, left knee patellofemoral pain syndrome and status post meniscectomy with scars, and major depressive disorder. The Veteran's claims were previously denied due to lack of evidence linking these conditions to his military service.

The Veteran's claim for an increased rating of the left elbow scar was denied. The claim for an earlier effective date for service connection of PTSD was granted, but the Board found that the earliest possible effective date is May 20, 1998.

The Veteran's service-connected disabilities, including PTSD and depressive disorder, rendered him unable to obtain or maintain substantially gainful employment prior to August 28, 2015.

The Veteran's death was caused by acute mixed drug intoxication, and the Board finds that a remand is necessary to further develop both theories of entitlement regarding prescribed medications for service-connected disabilities and VA negligence.

The Veteran's service-connected disabilities have produced total occupational impairment, and the Board has granted TDIU based on his service-connected conditions.

The Board has decided to remand the case due to the need for a VA examination to assess the Veteran's external left knee scar and determine if his internal left knee scar tissue is part of this condition.

The Veteran's GERD and cervical spine pain are granted service connection. The bilateral foot disability, right shoulder, knee, and ankle scars, and right upper extremity carpal tunnel syndrome are all granted initial ratings of 30 percent.

The Veteran's claims for increased evaluations were denied. The post-operative scar of the distal left leg was rated as noncompensable, and the residuals of a fracture of the left tibia with tenosynovitis were rated at 10 percent.

The Veteran's appeal is denied as he does not meet the criteria for a higher rating than 10% for his appendectomy scar.

The Board denied the Veteran's claims for earlier effective dates, finding that the earliest possible effective date is October 15, 2012, which is one year prior to the date of his claims.

The Veteran's claim for special monthly compensation by reason of being housebound was denied because none of his service-connected disabilities are rated as 100 percent disabling independently, and the threshold schedular requirement for housebound under any theory is not met.

The Board denied the Veteran's claims for service connection for a right eye disability other than non-reactive conjunctival embedded foreign bodies with cataracts and limbus scar, as well as his left eye disability. The Board found that there was no evidence to support these claims.

The Veteran's service-connected conditions have prevented him from engaging in substantially gainful employment for which his education and occupational experience would otherwise qualify.

The Veteran's appeal for service connection and increased ratings on multiple conditions has been dismissed due to the Veteran's withdrawal of the appeal.

The Veteran's appeal for a TDIU is remanded due to the need for additional development regarding his non-psychiatric service-connected disabilities. Other claims are also being considered.

The Veteran's claims for increased ratings and service connection were denied. The right ankle disability, pes planus of the right foot, hammertoe of the right foot, and scars on the right foot are all rated as they currently stand without any higher ratings being granted.