Scars decisions — 2019

The Veteran's appeal for increased ratings for right foot plantar fasciitis is dismissed. The Veteran's head scar and related migraine headaches are granted service connection, but the neck disability and right knee disability remain remanded.

The Board denied the Veteran's claim for TDIU prior to February 26, 2011, finding that his service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation.

The Veteran's chronic urinary tract infections, prostatitis, and erectile dysfunction are granted service connection. The kidney infection and kidney scarring claims are denied.

The Veteran's appeal for a compensable disability rating for his left leg scar was dismissed due to the death of the appellant.

The Veteran withdrew from appeal the claims of service connection for soft tissue sarcoma, degenerative spinal disc disease, left wrist scar, and breathing problems during an August 2018 Board hearing.

The Veteran's service-connected disabilities prevented him from obtaining and following a substantially gainful occupation between March 31, 2009 and April 20, 2017.

The Veteran's service connection claims for bilateral hearing loss and tinnitus are being remanded due to the submission of new evidence that relates to the current disability element.,The Veteran's service connection claim for left knee disability is being remanded as there is new evidence suggesting a relationship between her in-service miscarriage and residuals, and her current condition.,The Veteran's service connection claims for bilateral plantar fasciitis are being remanded due to her in-service running activities which may have contributed to the development of her current foot conditions.,The Veteran's service connection claim for patellofemoral syndrome of the right knee is being remanded as there is new evidence suggesting a relationship between her in-service running activities and her current condition.,The Veteran's service connection claims for lumbar strain are being remanded due to the submission of new evidence that relates to the nexus element.

The Veteran's service-connected disabilities do not result in the loss or loss of use of a hand or foot, permanent vision impairment of both eyes, a severe burn injury, amyotrophic lateral sclerosis, or ankylosis of a knee or hip. Therefore, he is not eligible for financial assistance for an automobile and adaptive equipment.

The Board has remanded the Veteran's claims for initial compensable ratings for his service-connected scar and headache conditions due to conflicting opinions regarding the umbilical hernia, incomplete VA examination reports, and missing treatment records. The AOJ is instructed to ensure all relevant records are obtained and associated with the claims file.

The Veteran's appeal for higher ratings and entitlement to TDIU is remanded due to the need for additional medical examinations and records.

The Veteran's claims for service connection for back, right knee, and left knee disorders have been withdrawn by the Veteran.,Service connection is granted for tinnitus. The Board finds that the evidence is in equipoise as to whether the Veteran’s tinnitus was related to his military service.

The Board has remanded the claims for service connection for traumatic brain injury, neck injury, headaches (including migraines), scar on the right forehead, and left ear disability due to conflicting evidence and lack of clear medical findings.

The Veteran's claim for a compensable evaluation for scars, residuals of shell fragment wounds, of the left upper back, left arm, abdomen, left cheek, left posterior chest, left leg, knee and ankle was denied. The Board found that the criteria for a compensable rating were not met due to the nature and extent of his scars.

The Veteran's service connection claims for residuals of an eye injury, hypertension, and a bilateral foot disorder are all denied as the evidence does not support a finding that these conditions began during service or are otherwise related to in-service events.,Service connection was not granted for hypertension because there is no showing of chronic disease within one year after separation from service. The Veteran's current diagnosis of hypertension was noted many years after his separation, and continuity of symptoms since service cannot be established.

The Veteran withdrew his appeals for hearing loss, neck pain, and back pain. The remaining issues were dismissed as the Veteran was satisfied with his current ratings.

The Veteran's claims for service connection and increased ratings are being remanded to obtain additional medical records, schedule the Veteran for VA examinations, and address his exposure to contaminated water at Camp Lejeune.

The Board has granted service connection for right ear hearing loss and denied the Veteran's claims for increased ratings for traumatic arthritis of the right fifth finger, a residual scar on the right hand, and painful motion of the right ring finger. The Veteran is now receiving the highest available disability rating under applicable diagnostic codes.

The Veteran's service-connected psychiatric disability, right knee disability, tinnitus, scars, and hearing loss have rendered him unable to secure or follow a substantially gainful occupation since November 22, 2013. As such, TDIU is granted.

The Veteran's combined disability rating is 40 percent effective July 12, 2015. The Board denied the claim for a combined rating of 50 percent.

The Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment as of May 16, 2016. The effective date for TDIU is set at this date.