Scars decisions — 2019

The Board has decided to remand the case due to uncertainty regarding the Veteran's exposure to asbestos aboard ship, and a VA medical examination is needed to determine if any diagnosed lung scarring/asbestosis had onset in service or within one year following separation from service.

The Veteran's TDIU claim is being remanded for consideration on an extra-schedular basis due to his service-connected disabilities.

The Veteran's combined disability rating is currently at 100%, but he has not been granted a permanent and total disability rating for any of his service-connected conditions. The Board denies the claim as there is no legal basis to grant Dependents' Educational Assistance (DEA) benefits.

The Veteran's claim for increased ratings for right hip post-fracture myositis ossificans with degenerative arthritis and right hip scarring as secondary to status-post fracture right femur is being remanded due to the need for further development.,Specifically, additional medical evidence may be needed to determine if a higher rating can be assigned based on current functional impairment of the hips.

The Veteran's claim of service connection for residuals of a traumatic brain injury (TBI), head scar, and amnestic disorder has been reopened due to the submission of new evidence. The claims are now pending for further adjudication.

The Veteran's claim for an effective date prior to September 13, 2006, for service connection of low back strain was denied. The Board also remanded several issues related to his knee and ankle disabilities.

The Veteran's appeal is remanded due to a failure to issue a Statement of the Case (SOC) for her claim regarding higher special monthly compensation. The Board cannot proceed with appellate review until an SOC has been issued.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that his service-connected conditions do not render him totally unemployable.

The Veteran's shin splints, head injury with scar, right-hand fracture (fifth metacarpal), and right ankle strain claims are remanded for additional development.

The Board has determined that the Veteran's service treatment records are incomplete and has ordered a remand to obtain additional VA medical records. The Board also ordered VA examinations to determine if the Veteran has each of his claimed disabilities, including whether any preexisting conditions were aggravated by service.

The Veteran's service-connected disabilities do not result in the physical loss or permanent loss of use of one or both hands or feet, nor ankylosis of his knees or hips. Therefore, he does not qualify for eligibility for financial assistance in the purchase of an automobile or other conveyance and/or adaptive equipment.

The Veteran's claim for a rating in excess of 10 percent for residual scars associated with the service-connected bilateral leg compartment syndrome and fasciotomies was denied. The Board found that the scars were not painful or unstable, and did not meet the criteria for a higher rating under Diagnostic Code 7804.

The Board has remanded the Veteran's claims for further development due to inadequate examination reports and need for additional medical opinions.

The Veteran's claim for a pain disorder was denied, and her claim for an increased rating of the transverse suprapubic scar was granted. The pain disorder claim is based on direct service connection, while the scar claim is rated at 10 percent.

The Board denied the Veteran's claims of service connection for bilateral pes planus, an initial rating in excess of 10 percent for low back strain, and initial compensable ratings for left thigh scar and eczema due to her failure to report for scheduled VA examinations without good cause.

The Board has determined that the Veteran needs a new VA examination to assess the current severity of his left foot scar, right foot disability, and right foot hammer toe due to possible worsening since the last examinations in 2014 and 2015.

The Board denied service connection for various conditions including left hip pain, left shoulder pain, neck pain, right hip pain, right shoulder pain, sleep apnea, facial scars due to injury, and headaches.

The Veteran's tender and painful scar of the right middle finger and right bicep was restored to a 10 percent rating, while his limitation of motion in the right long finger received an increased 10 percent evaluation.

The Board has determined that the Veteran's service-connected hypertension caused or contributed to his death, and thus grants service connection for the cause of the Veteran's death.

The Board has remanded the Veteran's claims for service connection for right eye photophobia and corneal scar, as well as his claim for service connection for sleep apnea. The latter is due to new evidence presented by the Veteran.