Scars decisions — 2019

The Board found that the Veteran's service-connected disabilities did not prevent him from securing and following a substantially gainful occupation considering his level of education, work experience, and vocational training.

The Veteran's claims for increased ratings for his service-connected scar, residuals of fracture, right forearm and residuals, fracture, right forearm have been denied as the evidence does not support a compensable rating for either condition.

The Veteran's PTSD is rated at 50% and the claim for an increased rating is denied. The Veteran does not meet the criteria for a TDIU based on his service-connected disabilities.

The reduction of the Veteran's disability rating for his right forearm scar from 10 percent to noncompensable, effective June 1, 2016, was improper. The 10 percent rating is restored as of that date.

The Board has determined that additional development is needed for the issues on appeal, including scheduling a new VA examination to address discrepancies between previous examinations and current diagnoses.

The Veteran's initial claim for a higher rating for his service-connected left knee scars was denied, with the effective date set at September 7, 2016.,A compensable rating (less than or equal to 20%) was also denied for the scar prior to September 7, 2016.

The Board has determined that the Veteran's claims for neck condition, left eye condition, scars, left upper extremity radiculopathy, and chronic acquired psychiatric condition are not supported by sufficient evidence in the record. The Board has ordered VA to attempt to obtain relevant private treatment records from Mission Hospital and Camino Health Center.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and opinions.,The Veteran's claim for an initial compensable rating for neutropenia is being remanded as there may be a worsening of his condition since the last examination in July 2012.,The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and opinions.,The Veteran's claim for an initial compensable rating for a right hand scar is being remanded as there may be a worsening of his condition since the last examination in July 2012.,The Veteran's claims for service connection are being remanded due to the need for additional examinations and opinions.,The Veteran's claim for service connection is being remanded due to the need for additional examinations and opinions.,The Veteran's claim for service connection is being remanded due to the need for additional examinations and opinions.,The Veteran's claims for service connection are being remanded due to the need for additional examinations and opinions.,The Veteran's claim for service connection is being remanded due to the need for additional examinations and opinions.,The Veteran's claim for service connection is being remanded due to the need for additional examinations and opinions.,The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is being remanded.

The Veteran's service-connected disabilities, including bilateral hearing loss and multiple musculoskeletal conditions, contributed to his death from sepsis due to a decubitus ulcer. The Board found that these disabilities rendered him materially less capable of resisting the effects of other causes of death.

The Veteran's dry eye syndrome and facial scar disability have been granted service connection. The initial rating for the facial scar prior to January 26, 2017 was denied, while a 30% rating is now in effect since that date.

The Veteran's claim for a higher rating for his left chest scar is being remanded due to the possibility of increased severity. He needs to be examined and any relevant treatment records should be secured.

The Board has denied service connection for obstructive sleep apnea and granted service connection for failed left-side inguinal hernia repair, to include under 38 U.S.C. § 1151, and residuals from the in-service cyst removal from the roof of his mouth. The right eye condition and respiratory condition are remanded.

The Board denied the Veteran's request for an effective date prior to March 1, 2013 for adding his spouse to his VA disability compensation benefits. The decision stated that the effective date was correct as it started on March 1, 2013, which is the first day of the month following the Veteran's initial contact with VA regarding his marital status.

The Board has remanded the case due to inadequate examination and treatment records, requiring further evaluation of the Veteran's right ear hearing loss and any other identified right ear condition.

The Veteran's service connection for a scar on the chin, painful scars from appendectomy and lysis of adhesions, and a painful and unstable chin scar is granted with an effective date of September 20, 2016. The Veteran receives a disability rating of 30 percent under Diagnostic Code 7804.

The Board has granted a waiver of recovery for the overpayment of Veterans Retraining Assistance Program (VRAP) education benefits in the amount of $3,076.27 due to financial hardship and undue financial hardship would result from repayment.

The Board denied the Veteran's claims for clothing allowances for braces used for his service-connected left knee, right knee, and back disabilities in calendar year 2015 due to lack of documentation showing use of these braces during that period.

The claim for service connection for residuals of a back injury is dismissed. Bilateral hearing loss and PTSD are granted, with the rating for shell fragment wounds, thorax being denied. The Veteran's burn scars of the left hand and arm have been rated at 10% since December 30, 2004.

The Veteran's initial claim for a compensable rating for a scar on his left calf was dismissed.,His claim for an increased rating for the left calf disability, which includes left foot drop, was denied. The maximum schedular rating of 30 percent has been assigned and no higher rating is warranted.

The Veteran's service-connected disabilities do not render him unable to secure and follow substantially gainful employment, as his depression is aggravated by non-service connected conditions.