Scars decisions — 2018

Service connection for ulcerative colitis is granted. The Veteran's sleep apnea is currently rated at 50 percent, and the Board finds that this rating adequately reflects his current disability picture.

The case is being remanded to clarify the severity and nature of the Veteran's appendectomy residuals, including scar and muscle injury. The appropriate ratings will be assigned based on these clarifications.

The Board has remanded the Veteran's claims for service connection for premature menopause, chronic fatigue, insomnia, an ovarian cyst, and miscarriages due to her Gulf War exposure. The case is sent back for a VA examination to determine if these conditions are related to her military service.

The Veteran's surgical scars, post thoracolumbar fusion, do not meet the criteria for a compensable rating as they are superficial and linear with no pain or instability.

The Veteran's erectile dysfunction is not characterized by a penile deformity, and the scars associated with prostate cancer are not painful or unstable.,The Veteran's post-surgical scar associated with prostate cancer does not meet the criteria for a compensable rating under Diagnostic Code 7804 or 7805.,VA must obtain updated VA treatment records and provide an addendum opinion regarding the active status of the Veteran’s prostate cancer, to include rising PSA levels. The Veteran should also be provided with a VA examination to determine the nature and etiology of his sleep apnea and liver cysts.,The Veteran's left knee internal derangement must be evaluated for current severity and manifestations.,VA must provide an appropriate clinician to examine the Veteran regarding his service-connected prostate cancer, sleep apnea, liver cysts, and left knee disability. The examiner should provide etiology opinions as requested.

The Board has determined that the Veteran's left corneal scar is not related to his military service and therefore denied his claim for service connection.

The Veteran's facial scars have been rated as noncompensable due to the absence of characteristics of disfigurement or pain. The Board has found that the preponderance of evidence does not support a higher rating.,Several service connection claims for various disabilities are being remanded, including cervical and lumbar spine disabilities, left hip disability, sleep disorder (including sleep apnea), GERD, erectile dysfunction, headaches, neurological disabilities of the buttocks and lower extremities, chronic pain, and acquired psychiatric disorders.

The Veteran's service-connected conditions did not render him unable to obtain or maintain gainful employment prior to January 15, 2009, and he is therefore not entitled to TDIU during that period.

The Veteran's claims for TBI and associated scalp scar are being remanded due to the need for additional VA examination.

The Veteran's left knee disability is not rated higher than 10 percent due to lack of x-ray evidence of involvement in two or more major joints with occasional incapacitating exacerbations. The case has been remanded for further evaluation and consideration of TDIU on an extraschedular basis.

The Veteran's right knee instability, strain, and scars are rated at 10 percent each. The combined rating is less than the minimum required for TDIU (60% or more disability).

The Board denied an increased rating for residuals of lung cancer and a TDIU due to service-connected disabilities. The Veteran's current disability level does not warrant a higher rating, and the evidence shows he is capable of performing sedentary employment.

The Veteran's appeals for increased ratings were denied. The appeal for a TDIU was also remanded.

The Veteran's multiple service-connected conditions, including sleep apnea and thoracolumbar spine issues, have rendered him unable to secure or follow a substantially gainful occupation.

The Board granted a 10 percent disability rating for the Veteran's scar of the left index finger, effective July 17, 2006. The scar is superficial, sensitive, tender, and sometimes painful.

The Veteran's service-connected coronary artery disease and associated scars have been rated appropriately based on the severity of his symptoms.,Since May 29, 2014, the Veteran has not met the criteria for a higher rating due to his coronary artery disease.

The Veteran's service-connected tension headaches and scalp scar have significantly impacted his ability to engage in substantially gainful employment. The case is being remanded for further consideration of TDIU on an extra-schedular basis.

The Veteran's scar residuals of left leg vein harvesting are granted a 10 percent rating throughout the evaluation period, as it is painful and not unstable.

The Veteran's claims for increased ratings of the scars and left-hand neuropathy have been denied. The Board found that the preponderance of evidence did not support higher ratings.,The claim to reopen a service connection for a left leg disorder has been granted, but the issue remains pending as it is remanded.

The Veteran's claim for an initial rating in excess of 60 percent for cystic acne and facial scarring was denied as there is no evidence of visible or palpable tissue loss, which prevents a higher rating under Diagnostic Code 7800.