Scars decisions — 2019

The Veteran's photophobia of the left and right eyes is not service-connected, as his visual impairment is attributed to nonservice-connected conditions. Therefore, an initial compensable rating for these conditions is denied.

The Veteran's claims for service connection for a right knee scar and patellar subluxation were granted effective October 19, 2011. The appellant seeks an earlier effective date.

The Veteran's appeal for a compensable rating for his scar of the back and left buttock area was denied. The Board found that the preponderance of evidence did not support a compensable rating under Diagnostic Code 7805, as there were no other disabling effects not considered.

The Veteran's appeals for increased ratings have been dismissed due to his withdrawal of the appeal.

The Veteran's claim for service connection for bladder cancer is granted, as supported by a July 2019 opinion linking the condition to his military service. Service connection is also granted for neuropathy of the bilateral upper and lower extremities secondary to bladder cancer treatment. The appeal related to increased ratings for PTSD, sleep apnea, CAD scars, and diabetes mellitus remains pending.

The Board has decided to remand the service connection claims for various disabilities, including low back, neck, knee, ankle, and foot injuries sustained during military service. The Veteran's contentions include injuries from falling off helicopters and hitting his head and back in 1999, as well as knee and ankle injuries in 2000. VA is instructed to schedule the Veteran for an examination to determine if these disabilities are related to his service.

The Veteran's service-connected disabilities, including Scheuermann's Disease and bilateral lower extremity radiculopathy, rendered him unable to secure and maintain gainful employment prior to May 25, 2017. The Board granted a TDIU effective April 3, 2011.

The Veteran's left calf scar is granted service connection as a residual of an in-service shrapnel wound.,A 10 percent rating for the residual scar associated with his left forearm shrapnel wound is granted.

The Veteran's appeals regarding service connection and disability ratings for various foot conditions have been dismissed. The Board also granted TDIU from July 11, 2014 to June 1, 2015.

The Veteran's service connection claims for right lower extremity radiculopathy, PTSD, and a back scar are denied. Effective dates earlier than July 20, 2013 for the awards of service connection for these conditions are also denied.

The Board has granted service connection for tonsil cancer, scars as secondary to tonsil cancer, salivary disorder as secondary to tonsil cancer, and loss of teeth as secondary to tonsil cancer (for VA dental treatment purposes).

The Board has granted the Veteran's appeal and reinstated his claim as his representative was not provided a copy of the SOC until after the 60-day period had expired.

The Veteran's claim for service connection of tinnitus is granted. The left index finger and donor site scar on the forearm are each rated with a 10% disability rating, effective May 17, 2018. An earlier effective date of November 15, 2016 is granted for the grant of service connection for the scar on the eyebrow.

The Veteran's request for a compensable rating for a scar on the right lower fibula is denied. The issue of service connection for a left ankle disability is remanded due to a duty-to-assist error.

The Board has found that the AOJ did not request evidence from the Veteran regarding his attempts to obtain licensure in social work and marriage and family therapy, nor did they provide a functional capacity evaluation by a vocational rehabilitation counselor. The case is being remanded for these actions.

The Veteran's appeal for a rating in excess of 10 percent for hallux valgus and a compensable rating for the scar on his left big toe were both denied. The hallux valgus is currently rated at 10 percent, which is the maximum allowed under DC 5280.

The Veteran's appeal for an increase in her rating for a left foot disability, which is rated as metatarsalgia and painful scar associated with metatarsalgia, has been denied. The maximum allowed rating of 10% is the highest available under Diagnostic Code 5279.

The Board has decided to remand the case due to a lack of VA examination, and requests additional evidence from the Appellant. The Veteran's service connection claim for post-operative pilonidal cyst scar is being reviewed.

The Board denied the Veteran's claims for clothing allowances for a brace used for his service-connected back disability and topical medication used for his service-connected eczema in 2018, as there was no evidence that these items caused significant damage to his clothes.

The Board has determined that the Veteran's service-connected PFB, right great toe injury with residual scar, left knee disorder, right knee disorder, left hip disorder, and right hip disorder may have increased in severity since the last VA examinations. Therefore, a remand is necessary to schedule the Veteran for contemporaneous VA examinations to assess his current disability levels.