Scars decisions — 2018

The Board has remanded the case for further development due to scheduling issues and need for additional VA examinations.

The Veteran's appeals for increased ratings for his service-connected left and right knee disabilities have been dismissed as he withdrew them prior to the decision. The Board also granted entitlement to individual unemployability (TDIU) due to multiple service-connected conditions preventing him from securing and following substantially gainful employment.

The Board has remanded the case due to the need for a medical opinion regarding the cause of the Veteran's death, specifically whether his service-connected knee disabilities contributed to his fatal myocardial infarction.

The Veteran's service-connected disabilities, particularly PTSD and CAD, render him unable to secure or follow a substantially gainful occupation.

The Veteran has withdrawn his appeals regarding the ratings for residuals of fracture, right fifth metacarpal; status post left ankle reconstruction; residual scar, left ankle; painful scars on left thigh and left ankle; and laceration scar, left thigh. As a result, these issues are dismissed.

The Veteran has withdrawn his appeals for increased disability ratings for Type-II diabetes mellitus and left forehead scar, thus the claims are dismissed.

The Veteran's claim for an initial compensable rating for a residual inguinal hernia surgical scar is granted. The claims for entitlement to a 10 percent disability rating based on multiple noncompensable service-connected disabilities and for a compensable rating for status post left inguinal hernia are dismissed.

The Veteran's service-connected disabilities do not meet the percentage requirements for a TDIU. The Board has remanded the case to determine if referral to the Director of Compensation Service is warranted due to exceptional circumstances.

The Board has remanded the Veteran's claims of entitlement to a compensable rating for right middle finger amputation with scar and an initial compensable rating for bilateral hearing loss due to inadequate evaluations in prior examinations. The Veteran is to be scheduled for VA examinations to determine the current severity of his service-connected disabilities.

The Board has remanded the claims due to inadequate examination reports and the need for additional development, including obtaining medical records and providing a VA examination.

The Veteran's claim for a separate rating of 20 percent for radiculopathy of the right lower extremity is granted. The claim for an increased rating in excess of 20 percent for low back disability, and claims for initial ratings in excess of 10 percent for painful residual scars and nonpainful residual scars are denied. The Veteran's claim for a separate rating of 40 percent for radiculopathy of the left lower extremity is granted. The claim for an initial rating in excess of 20 percent for radiculopathy of the left lower extremity is denied. The Veteran's claim for an initial rating in excess of 70 percent for psychiatric disorder is granted.

The Board has remanded the Veteran's claims for additional development, including obtaining a VA medical opinion regarding his sleep apnea and scars. The TDIU claim is also raised.

The Board has remanded the case due to the need for a new examination to assess the current severity of the left inguinal hernia repair scar, as well as to distinguish its symptoms from other post-surgical residuals.

The Board has denied service connection for viral mononucleosis and remanded the claims for low back disability, Rocky Mountain Spotted Fever/Lyme disease, scar on chin due to shrapnel wound, cellulitis, thyroid condition, and type II diabetes mellitus. The Veteran's claims are now pending again with the VA.

The Veteran's chronic prostatitis, rated together with urethral scarring as a single disease, is currently rated at 40 percent effective September 10, 2013. The effective date for the higher rating has been corrected to reflect the VA examination performed on September 10, 2013.

The Veteran's claims for PTSD, right knee DJD, and right knee LOE were denied as the effective dates cannot be earlier than October 3, 2011.,There is no new and material evidence to support a claim prior to October 3, 2011.

The Veteran's appeal is remanded for additional development to determine his eligibility for a total disability rating based on individual unemployability due to service-connected disabilities, including the residual scar associated with inactive pulmonary tuberculosis.

The Veteran's claims for increased ratings and separate disability ratings have been granted, with a specific rating of 10 percent assigned for left knee arthritis from May 13, 2013.

The Veteran's service-connected conditions did not prevent her from securing and maintaining substantially gainful employment, thus the claim for Individual Unemployability (TDIU) was denied.

The Board denied earlier effective dates for the Veteran's service-connected conditions, finding that the claims were not valid as they did not challenge the original effective dates assigned in 2003.