Scars decisions — 2018

The Board has determined that the reduction in rating for the Veteran's pleural scarring status-post left upper lobe nodule biopsy from 10 percent to noncompensable was not proper, and thus denied the appeal.

The Veteran's claim for an annual clothing allowance in 2014 is being remanded due to the need for additional development, including obtaining updated VA and private records, as well as arranging a medical examination.

The Board has remanded the Veteran's claims for increased ratings due to missing VA and private treatment records. The case is now pending further development.

The Board denied the Veteran's claim for special monthly compensation based on need for aid and attendance due to service-connected disabilities, as his service-connected conditions did not render him so helpless that he needed regular assistance from others. The Board also denied the claim for housebound status due to service-connected disabilities, as there was no evidence of substantial confinement to his dwelling or immediate premises.

The Veteran's claim for an effective date of July 23, 2009 for the award of service connection for hysterectomy scar is granted. The Board found that there was no clear and unmistakable error in the February 2008 rating decision which granted service connection, but there was CUE in the January 2010 rating decision.

The Veteran's appeal has been withdrawn by her and her representative, resulting in the dismissal of all issues on appeal.

The Board has determined that the Veteran's vertigo was incurred in service and is aggravated by service.,The Board also found that the Veteran's right shoulder disorder, including bursitis and osteoarthritis status post acromioplasty without residual scar, was aggravated by service.

The Veteran's increased ratings claims have been denied as his conditions do not meet the criteria for a rating in excess of 10 percent under applicable diagnostic codes.

The Board found that there was no evidence of a pre-existing scar on the Veteran's forehead at the time of his enlistment, and thus could not establish service connection for it. The VA examiner concluded that the current scar is less likely than not incurred or caused by an in-service injury.

The Veteran's appeal is remanded due to the need for additional development, including a VA examination and obtaining records from Vocational Rehabilitation.

The Board has determined that the Veteran does not have a current diagnosis of a right shoulder disability for which service connection may be granted. The Veteran's restless leg syndrome is rated at 10 percent since December 1, 2011.

The Veteran's appeal is being remanded for additional development, including new examinations and the securing of outstanding records.

The Veteran's pilonidal cyst scar is rated at 10 percent throughout the appeal period. His bilateral hearing loss has been found to be related to his active service.

The Veteran's acne with scarring has not met the criteria for an initial evaluation in excess of 10 percent prior to August 10, 2017 and has not met the criteria for a rating in excess of 30 percent after that date.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to May 1, 2012 due to insufficient evidence showing that his service-connected disabilities rendered him unable to secure and follow substantially gainful employment.

The Veteran's service-connected rosacea and residual scar to the nose, status post basal cell carcinoma excision are currently rated as 10 percent each. The Board finds that these ratings adequately reflect the severity of the conditions.

The Veteran's service-connected disabilities have caused him to be unable to secure and follow substantially gainful employment, warranting a TDIU.

The Board has determined that the Veteran's left wrist burn scar is related to service, and thus grants service connection for this condition. The right wrist burn scar issue remains pending as it requires a new examination.

The Veteran's service-connected scars have worsened, and a new VA examination is needed to assess their current nature, extent, and severity. The TDIU claim is also remanded as it is inextricably intertwined with the issues related to his service-connected scars.

The Veteran's TDIU claim is being remanded for clarification of his employment history and to obtain a retrospective medical opinion regarding the functional impact of his service-connected disabilities prior to October 25, 2016.