Scars decisions — 2018

The Veteran's left ankle scar, which is painful and unstable, has been granted a 10 percent disability rating from September 21, 2010.

The Board has determined that the Veteran's right lower extremity scars are at least as likely as not related to in-service cellulitis, and thus service connection is granted.

The Veteran's appeal has been dismissed due to his death.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance of another person or on the account of being housebound was denied because he is able to perform activities of daily living independently, and he is not bedridden or permanently housebound.

The Veteran's claim for an increased rating for his back disability is denied as the evidence does not show unfavorable ankylosis of the spine or incapacitating episodes of intervertebral disc syndrome (IVDS) lasting at least six weeks in a 12-month period.

The Board has granted an effective date of October 27, 2010 for the grant of service connection for a scar associated with right knee reconstruction. The Veteran's claim was received on that date and she is now entitled to compensation for this condition.

The Board has granted service connection for depression and obstructive sleep apnea as secondary to the Veteran's service-connected status-post pilonidal cyst with open scar. The Veteran also received an increased rating of 20% for his status-post pilonidal cyst with open scar.

The Veteran's sleep apnea and tonsil hypertrophy were not found to be service-connected due to lack of evidence. The bilateral metamorphopsia was rated as noncompensable, and the erectile dysfunction did not meet the criteria for a compensable rating.,The Veteran's claims for service connection for sleep apnea and tonsil hypertrophy were denied because there is no evidence that these conditions began during his military service or are otherwise related to his service. The bilateral metamorphopsia was rated as noncompensable due to visual acuity not meeting the criteria for a compensable rating, and the erectile dysfunction did not meet the criteria for a 20% rating.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability prior to April 26, 2010 due to insufficient evidence showing he was unable to secure or follow substantially gainful employment solely as a result of his service-connected disabilities.

The Veteran's hypertension is rated at 10 percent and his scar on the left side of the mouth is rated at 10 percent effective before October 18, 2017. The rating for the scar was increased to 10 percent after October 18, 2017.

The Veteran's appeals for severance of service connection and a compensable rating for scars have been dismissed. The Board has also remanded cases regarding his lumbar spine, left knee, right knee, and TDIU.

The Board has remanded the case for further development due to non-compliance with prior remand instructions.

The Veteran's claim for higher SMC under Section 1114(o) was denied as he did not meet the criteria for any of the rates provided in Sections 1114(l), (m), (n), or (o). The Board found that his service-connected disabilities have not resulted in anatomical loss or use of both arms, hands, legs, feet, or eyes, nor has he been permanently bedridden or helpless as to need regular aid and attendance.

The Veteran's service-connected disabilities preclude him from engaging in substantially gainful employment, and the Board finds that a TDIU is warranted.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and adjustment disorder, have rendered him unemployable due to physical limitations. The Board has granted TDIU based on these conditions.

The Veteran's appeal is being remanded due to the need for additional VA medical records. The claim will be reconsidered after these records are obtained.

The Veteran's low back strain is denied as not meeting the criteria for a higher evaluation.,A 10 percent evaluation was granted for scar, dorsal aspect of the left big toe prior to May 11, 2016. From May 11, 2016, through July 18, 2016, and from July 19, 2016, a 20 percent evaluation was granted.,From July 19, 2016, the Veteran's scar is rated at 10 percent.

The appeal of entitlement to service connection for a jaw condition is dismissed. The issues of entitlement to service connection for head injury and neck disability, sleep apnea, and bilateral hearing loss are remanded.

The Veteran's appeal for service connection for a left knee disability and muscle strain of the left leg is dismissed. The appeal for tinnitus is granted with an initial rating of 10 percent. The appeal for a residual scar from laceration repair of the left forearm is also granted, but only at a 10 percent rating.

The Veteran's claim for SMC based on the need for regular aid and attendance due to his service-connected disabilities is remanded as there are questions regarding the nature and cause of his incapacity that have not been adequately addressed in the VA examinations.