Scars decisions — 2019

The Board has remanded the claims for further development due to insufficient reasons and bases in the July 2018 decision, including failure to consider the Veteran's statements of painful motion during an August 2012 VA examination and a May 2017 VA examiner’s failure to test the right shoulder for pain on passive motion.

The Veteran's initial 10% rating for residual scar, cyst removal is granted. The issues of service connection for skin cancer and non-service connection pension are remanded.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the Veteran's claim for a compensable rating for right eye peripheral corneal scar. The matter is REMANDED for the following actions: (1) Translate from Spanish into English all pertinent evidence in the claims file, and associate it with the Veteran’s claims file; (2) Obtain and associate with the Veteran’s claims file a copy of the Goldmann charts showing the results of visual field testing conducted on October 17, 2014; May 8, 2015; June 23, 2015; and upon VA examination in August 2009, May 2012, and May 2015. Lastly, the Veteran contends that his service-connected right eye disability has worsened during the appellate period, so a remand is warranted for a new eye examination.

The Veteran's appeal is remanded for further development and examination to address eligibility for home adaptations, financial assistance, service connection for erectile dysfunction, special monthly compensation, and hearing loss.

The Veteran's service-connected disabilities, including migraines, depression, and physical impairments, have rendered her unable to secure or maintain substantially gainful employment. The Board has granted a TDIU based on the severity of these conditions.

The Board has remanded the case due to an incomplete Statement of the Case (SOC) for the issue of entitlement to an earlier effective date for service connection for scar associated with residuals of removal of right testicle. The Veteran needs a complete SOC before this matter can be decided.

The Veteran's seborrheic dermatitis is presumed to have existed prior to service and was not aggravated by service.,The Veteran’s left shoulder, forearm sprain, and mandible disabilities are rated under the criteria for direct service connection.

The Veteran's claim for a higher rating for post-operative residuals of left (minor) ACJ separation was granted, with the effective date set at May 5, 2009.,A separate compensable rating for painful surgical scar residual was granted effective September 22, 2017.

The Veteran's claims for service connection for right ear hearing loss, left ear hearing loss, and tinnitus have been denied.,Service connection has also been denied for obstructive sleep apnea. The Board found that the current OSA did not have its onset during service.

The Veteran's petition to reopen the previously denied claim of service connection for bilateral cataracts was granted. Service connection for tinnitus is also granted, and both eye issues are remanded for further development.

The Veteran's right ear hearing loss is denied as it does not meet the criteria for a disability under VA regulations.,The Veteran's left knee postoperative scar is currently rated at noncompensable, and no higher rating is warranted based on the evidence of record.

The Veteran's bilateral inguinal hernias, post-laparoscopic repair with mesh and associated scars, are rated at a 20 percent disability rating.

The appeal of the denial of an increased rating for hearing loss is dismissed.,The petition to reopen the claim of service connection for low back disability, left eye disability, and skin disability are granted. Service connection for left eye disability is also granted.,Entitlement to service connection for depressive disorder, vascular disease including hypertension, Raynaud's syndrome, headaches, low back disability, neuropathy of the left lower extremity, neuropathy of the right lower extremity, and a compensable rating for right forehead scar are remanded.

The Board has remanded the issues of entitlement to extraschedular ratings for chronic pelvic pain, prostate cancer residuals, prostatectomy scar, and erectile dysfunction due to unresolved development needs.

The Veteran withdrew his appeals for service connection and increased ratings in all remaining claims, including bilateral lower extremity radiculopathy, GERD, and a hernia repair scar. The Board has dismissed the appeal as per the Veteran's wishes.

The Veteran's appeal is remanded for a VA examination to determine the current severity of his service-connected left and right foot scars associated with post-surgery for hammertoes. The examiner should provide complete findings regarding the size, instability, pain, and limitation of function caused by the scars.

The Board has remanded the Veteran's claims for disability compensation under 38 U.S.C. § 1151 due to concerns about carelessness, negligence, or lack of proper skill by VA during surgery.

The Veteran's scars, which are service-connected, were found to be painful but not unstable prior to January 8, 2019. After that date, the scars remained painful but there was no evidence of instability.

The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation for the period from October 14, 2009 to June 26, 2012. The Board granted TDIU during this period.

The Veteran's ventral hernia and hernial scar are not service-connected as they were not caused or aggravated by his service-connected left kidney nephrectomy.,Right kidney failure is not service-connected as there is no evidence of the condition during the appeal period.