Scars decisions — 2019

The Board has granted earlier effective dates for the service connection of ischemic heart disease and surgical scar residuals, finding that the Veteran's claims were received on September 3, 2013, which is considered to be within one year of his separation from active duty. The decision also found in favor of the Veteran regarding the presumptive nature of the service connection.

The Veteran's appeal for benefits under 38 U.S.C. § 1151 for a left eye disability was withdrawn, and his increased rating claims were dismissed due to lack of evidence supporting higher ratings.

The Board has decided to remand the claims for service connection for left foot disability, residuals of scars of the arms and back, and residuals of a groin injury due to incomplete development. The Veteran's records need to be updated with all relevant VA treatment records and private sleep apnea treatment records.

The Veteran's claim for a rating in excess of 50 percent for advanced diabetic retinopathy right with right eye retinal detachment and corneal decompensation with scarring and left eye diabetic retinopathy status post cataract surgery was denied. The Veteran is also entitled to special monthly compensation based on blindness in one eye having only light perception.

The Veteran's claims for increased ratings for his cervical spine disability and left axilla scar are being remanded due to the need for additional VA examinations.

The Veteran's service-connected posttraumatic stress disorder, degenerative disc disease of the lumbar spine, and other conditions contributed to his death from acute fentanyl intoxication.

The Veteran's death was not caused by any service-connected disability, and the cause of death (sepsis due to bowel perforation) was not a result of VA medical treatment. The Board found that there was no evidence of negligence or fault on the part of VA in providing care.

The Veteran's right palm scar is granted a noncompensable rating, but the Board finds that it warrants a 10 percent rating due to pain and tenderness. The current effective date for this decision is not specified.

The Veteran's scarring of the left eye is not related to his military service, and he does not have a compensable evaluation for bilateral cataracts. The Board has remanded these issues.,The Veteran's left knee strain issue remains unresolved.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need to obtain Social Security Administration records and ensure that the TDIU claim is included in the AMA rating claims process.

The Board has remanded the cases due to a failure to schedule the Veteran for contemporaneous VA examinations, which is considered a pre-decisional duty-to-assist error. The Veteran needs to be provided with a new examination to assess the current nature, extent, and severity of his service-connected conditions.

The Veteran's lipoma of the right occipital region was granted service connection and a 10 percent rating. The scar from the excision of the lipoma was also granted service connection, but with a separate noncompensable rating.

The Board has remanded the case due to the need for a VA examination to determine the current severity of the Veteran's service-connected residual scarring from basal cell carcinoma removal, right upper eyelid and right temple.

The Board has decided to remand the case due to insufficient evidence and the need for updated VA examinations.

The Board has dismissed all claims due to the lack of an adequate substantive appeal for each issue.

The Veteran's claims for initial compensable evaluations for discoid lupus erythematosus and scarring alopecia are being remanded due to the need for additional VA treatment records.

The Veteran's service-connected painful scars and deep, nonlinear scars are granted effective January 21, 2016.

The Board has remanded the case due to new evidence received after the October 2018 Supplemental Statement of the Case.

The Veteran's claim for an increased rating of his painful scar and service connection for numbness in his toes are both remanded due to the need for a new examination.

The Board denied service connection for a left eye disorder and an increased evaluation for right eye central corneal nebular scarring. The Veteran does not have a current disability of the left eye, and his right eye disability is currently rated at 10 percent.