Scars decisions — 2019

The Veteran's thoracic degenerative joint disease (back disability) is currently rated at 10 percent prior to September 5, 2016 and 20 percent thereafter. The claim for a higher rating is denied.,Since September 5, 2016, the Veteran's right heel scar has been rated at 10 percent. The claim for a higher rating is also denied.

The Board has remanded the cases for further development due to a duty-to-assist error. The Veteran is not entitled to service connection for left knee disability, hemorrhoids, right shoulder scar, or cervical spine disability.

The Board has determined that the reduction in ratings for right lower extremity radiculopathy, left lower extremity radiculopathy, and right knee instability were not proper. The Veteran's claims of entitlement to increased evaluations for right knee scars and left femur surgical scars are remanded.

The Veteran's cervical spine disability was rated at 30 percent prior to August 16, 2018 and is now rated at 40 percent since that date.,Issues related to the Veteran's voice disturbance, scars from nevi removal, and scars from cervical fusion are still pending.

The Veteran withdrew her appeals for initial compensable ratings for keloid scarring of the right shoulder and anemia with macrocytosis, resulting in their dismissal.

The Board denied the appeal as there was no timely substantive appeal filed regarding the issues of effective dates and ratings for various conditions, as well as service connection for head tumors, a left eye disability, and headaches.

The Veteran's service-connected disabilities prevented him from securing or following a substantially gainful occupation prior to July 22, 2011. From that date forward, he met the schedular criteria for TDIU.

The Veteran withdrew the appeals of PFB, lung scars, right shoulder disorder, and left eye cataract. The appeal for an acquired psychiatric disorder is remanded.

Your left knee disability has already been granted service connection, so your appeal is dismissed.

The Veteran's claims for service connection for ischemic heart disease, residual surgical scars secondary to the condition, and diabetes mellitus type II due to herbicide exposure have been granted. The cases are remanded for further development.

The Veteran's claim for an earlier effective date of September 16, 2010 is granted as this was the earliest date that entitlement to service connection for disfiguring scars on posterior scalp from removal of a sebaceous cyst arose.

The Board has remanded the claims for left finger laceration, gout of elbows, feet and knees, and nephrolithiasis due to a duty to assist error in missing verification of the Veteran's active duty training dates.

The Board has determined that the February 2006 rating decision, which awarded an initial 10% rating for facial scar, was clearly and unmistakably erroneous. The rating is revised to reflect a 30% rating effective March 26, 2004.

The Board has granted effective dates of August 3, 2012 for both the TDIU and DEA benefits based on the Veteran's service-connected disabilities.

The Veteran's service-connected disabilities, including bilateral hearing loss and PTSD, have prevented him from securing or following a substantially gainful occupation prior to February 8, 2011.

The Veteran's residuals of a left eye corneal scar have been rated at 10 percent for the entire period on appeal, as there were no incapacitating episodes and visual acuity was consistently at least 20/40 or better.

The Veteran's claims for increased ratings for residuals of a left index finger laceration and scar prior to June 10, 2017 are denied.,The Veteran's claim for service connection for bilateral hearing loss is remanded.

The Veteran's claim for service connection for left lower extremity neuropathy was granted in an August 2019 rating decision, rendering the issue moot.,Service connection for degenerative arthritis of the spine was granted, and subsequent manifestations of degenerative arthritis in the left hip and bilateral big toes are considered as a manifestation of this condition.

The Veteran's mid abdominal scar is not rated as compensable, and the Board finds that the preponderance of evidence does not support a higher rating.,Service connection for left knee disability is denied because there is no evidence showing it began during service or is related to an in-service injury. The Veteran has a right knee disability which may be considered secondary to his left knee disability, but this issue is not addressed as the right knee disability is not service-connected.,The Board finds that hypertension does not have sufficient evidence of association with herbicide exposure and thus cannot be presumed due to such exposure. However, VA examination/medical opinion is required to determine if it is related to any other incident in service or otherwise.,Service connection for colon cancer is denied because there are no records showing the condition began during service or is related to an in-service injury.

The Veteran's claim for an initial compensable rating for residual scarring of the left thigh was denied as there were no deep or unstable scars, and the symptoms did not meet the criteria for a compensable rating.