Scars decisions — 2019

The Board has determined that additional examinations and the review of outstanding medical records are necessary to properly evaluate the Veteran's right knee scar, right knee disability, and right knee instability.

The Veteran's service-connected asthma does not meet the criteria for specially adapted housing or special home adaptation due to his disability rating and other service-connected conditions.

The Veteran's initial rating for PTSD is denied, and the case is remanded for further development including a TDIU claim and an effective date determination.

The Board has remanded the case due to a duty-to-assist error in obtaining an adequate opinion regarding whether the Veteran's migraines are caused or aggravated by his service-connected eczema medication.

The Veteran's appeal for an initial rating in excess of 10 percent for residuals of colon cancer and a compensable rating for residual scar has been denied. The evidence does not show moderate symptoms or disabling effects from the conditions.

The Veteran's appeal is being remanded due to her failure to attend scheduled VA examinations and the need for additional private medical records. The issues of rating adjustments, service connection, and other claims are all pending.

The Veteran's service-connected conditions do not preclude him from securing and following substantially gainful employment.

The Board has granted service connection for sleep apnea and remanded the issue of rating for a surgical scar on the right anterior neck.

The Veteran's claim for an initial compensable evaluation for residual surgical scars of the left hip is denied due to the scars not meeting the criteria for a compensable rating.,The Veteran's claim for service connection for migraine headaches (claimed as secondary to PTSD) is denied because he does not have a current headache disability.

The Veteran's claims for service connection were not filed within one year of his separation from active duty, and thus the effective dates for these conditions are denied.

The Board denied an initial rating in excess of 10 percent for the Veteran's right ankle status post-surgery and right Achilles scar, finding that the symptoms did not warrant a higher evaluation.

The Veteran's effective date for a separate 10% rating for tender scar on the right jaw is set at June 3, 2010. This decision grants an earlier effective date than what was originally assigned.

The Veteran's appeal of an increased rating for a scar status post gunshot wound left arm medial aspect was dismissed. The appeals for service connection for residuals of the gunshot wound and left carpal tunnel syndrome are remanded.

The Board denied entitlement to nonservice-connected death pension benefits and whether new and material evidence has been received to reopen a claim of service connection for the cause of the Veteran’s death. The Appellant's countable income exceeded the maximum annual income allowed for the payment of death pension benefits, and her statements did not establish that a service-connected disability caused or materially contributed to the Veteran’s death.

The Veteran's evaluation for painful scars on his right middle and ring fingers was reduced from 10% to a non-compensable rate effective September 1, 2015. The Board found that the reduction was proper based on evidence showing improvement in the scars' condition. For the period beginning September 1, 2017, the Veteran's right middle and ring finger scars did not warrant a compensable rating.

The Veteran's TDIU and DEA benefits were granted effective March 21, 2015. The Board has determined that a remand is necessary for the left knee disability rating issue.

The Veteran's service-connected disabilities did not cause or contribute to his death. His cause of death was listed as acute respiratory failure with myocardial infarction and congestive heart failure.

The Veteran's appeal for a compensable rating for his penis scar has been denied, and the issue of service connection for erectile dysfunction is remanded.

The Board has determined that the Veteran's medical records establish diagnoses or persistent symptoms of various disabilities and have indicated a possible service connection. Therefore, the case is being remanded to provide the Veteran with VA examinations to determine the nature and etiology of these disabilities.

The Veteran's appeal for service connection for residuals of broken left index finger, bilateral hearing loss disability, and scarring as a result of MRSA infection is denied. The Veteran's claim for an increased rating for tinnitus remains denied.,A new VA examination is required to determine the current severity of the Veteran's lumbar spine disability.