Scars decisions — 2019

The Board denied the Veteran's claims for higher initial disability ratings for bilateral tympanic scarring post tympanoplasty and bilateral hearing loss, finding that the evidence did not meet the criteria for a compensable rating under applicable VA regulations.

The Board has granted an effective date of September 13, 2013 for the grant of service connection for a right shoulder scar. The Veteran's claim for increased rating for his right shoulder scar was denied as there is no evidence showing that it is painful or unstable and does not cover at least 39 square centimeters.

The Veteran's appeal is being remanded for further development due to new VA treatment records received in July 2019. The issues of increased ratings for his post-hepatectomy conditions are pending.

The Veteran's service-connected surgical scars of the left and right ankle are rated at 10 percent since October 28, 2015. The Board has remanded for further examination to determine if his bilateral foot and knee disabilities are related to his service-connected conditions.

The Board has decided that the Veteran's request for a higher disability rating for his left neck surgical scars is granted. However, the Board has also determined that there are issues with service connection for erectile dysfunction and remanded these matters to be addressed further.

The Veteran's TDIU claim is being remanded due to the need for additional development, including a VA examination and consideration of new medical evidence. The AOJ will also review his service-connected IBS and other disabilities.

The Veteran's service-connected left leg fracture tibia residuals and left hand palm scar do not meet the criteria for special monthly compensation based on aid and attendance or housebound status due to non-service-connected disabilities requiring assistance.

The Board has denied the Veteran's claim for an initial compensable rating for her scar, status-post C-section, finding that it is well-healed and without pain or instability.

The Veteran's TDIU claim is remanded due to the need for a VA examination to assess her service-connected disabilities' impact on employment.

The Veteran's increased rating claim for PTSD, lumbosacral strain, and left foot scar were denied. The issue of service connection for tinnitus was remanded. Effective date claims for PTSD and lumbosacral strain were not addressed as the issues were not raised in the appeal.

The Board has granted service connection for facial scars to the side of and above the right eye, finding that these scars are due to an injury incurred during active service in a vehicle accident.

The Board has dismissed the Veteran's claim for service connection for macular scarring. The Board has granted service connection for the residuals of a traumatic brain injury (TBI). The Board has remanded the issue of service connection for a respiratory disability, to include sinusitis.

The Board has determined that the proper procedures were not followed in determining whether the Veteran is eligible for S-DVI due to his nonservice-connected conditions. The matter must be remanded to ensure compliance with all procedural requirements set forth in the M29-1, including obtaining Attending Physician's Statements (APSs) where required and ensuring that the severity of the nonservice-connected disabilities considered to be disqualifying is accurately considered.

The Veteran's claims for service connection have been reopened, and he is now entitled to a rating of 10 percent for his service-connected neck scar. His claims for left and right knee disorders, pseudofolliculitis barbae, and radiculopathy due to thoracolumbar disorder are all granted.

The Board denied a retroactive CRDP compensation payment in excess of $2,091.15 for periods from May 1, 2017 through January 31, 2018 and from May 1, 2018 through May 31, 2018 due to the prohibition on concurrent payments of military retired pay and VA disability compensation pay without a waiver of a portion of the retired pay.

The Board has remanded the claims for increased ratings and service connection due to a duty to assist error. The Veteran is required to undergo examinations to determine the current severity of his right wrist, eczematoid dermatitis, pseudofolliculitis barbae, PTSD, insomnia, bipolar disorder, and left wrist conditions.

The Veteran's initial and increased evaluations for right knee and shoulder scars have been denied. The Board found that the evidence did not meet the criteria for a compensable evaluation.

The Board has granted service connection for tinnitus and remanded the issue of determining a compensable rating for a scar of the left upper extremity, first finger of the left hand.

The Veteran's claim for service connection for left knee pain was reopened and granted. The initial rating for bilateral arm scars is now 10 percent, subject to the laws and regulations controlling the award of monetary benefits.

The Board has remanded the claims for service connection for bilateral hearing loss, tinnitus, TBI, a head scar, and a bilateral eye disability due to new evidence submitted by the Veteran. The claims are being reopened for the bilateral eye disability claim.