Scars decisions — 2019

The Board has granted service connection for laryngeal chondrosarcoma, scar as secondary to laryngectomy, and aphonia as secondary to residuals of surgery for laryngeal chondrosarcoma. The appeal is denied on the remaining issue of special monthly compensation based on aphonia.

The Board has remanded several claims, including those related to the Veteran's right knee disability, back disability, TBI, respiratory disability, headache disability, left forearm scar, hypertension, bilateral shoulder disorder, neck disorder, bilateral foot disorder, right hip disorder, chest disorder, and bilateral foot fungus. The RO is instructed to obtain all relevant medical records from VA facilities and any private providers.

The Veteran's claims for effective dates prior to the assigned dates have been denied as there is no evidence of a formal or informal claim filed before those dates.,PTSD was granted service connection in January 2013, and an earlier effective date has not been granted due to lack of a diagnosis at that time.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation, meeting the criteria for TDIU since June 3, 2009.

The Veteran's claims for service connection for residuals of head trauma, eczema, rhinitis, sinusitis, postoperative colon cancer (residuals other than scars), irritable bowel syndrome, and anal fissures are all denied.,Service connection is not granted for PFB.

The Veteran's initial compensable evaluation for scar, status post surgical treatment of malignant intestinal neoplasm was denied. The issues of service connection for a bilateral hand disorder and an initial compensable evaluation for intestinal tubulovillous adenoma cancer were remanded.

The Veteran's service-connected disabilities did not prevent him from obtaining and retaining substantially gainful employment prior to June 30, 2014. The effective date for TDIU is denied as the Veteran met the schedular requirements for entitlement to TDIU after that date.

The Board has granted service connection for various conditions, including Crohn's disease and its related complications, as secondary to the Veteran's service-connected Crohn's disease.

The Veteran's claims for increased ratings and service connection have been denied. The Board found no legal basis for the assigned schedular evaluations, effective dates, or determinations regarding service connection.

The Veteran's anxiety disorder, NOS was restored to a 30 percent rating. The reduction in the disability rating for residual facial scars from laser hair removal was denied.

The Board has determined that additional development is needed for the Veteran's claims of increased ratings for ulcer disease and keratectomy scar from pterygium surgery. The Veteran will need to undergo new examinations to assess the current severity of his conditions, including whether he now has symptoms such as anemia or edema.

The Veteran's service-connected disabilities, specifically his peripheral neuropathy of the sciatic and femoral nerves in both lower extremities and his right hand deformity with limitation of motion, render him unable to secure or follow substantially gainful employment. The Board has granted a total disability rating based on individual unemployability (TDIU) effective July 19, 2017.

The Veteran's TDIU claim is denied as he is capable of performing the physical and mental acts required by, at least, employment that has less interaction with people.

The Board has remanded the case due to a lack of substantial compliance with its January 2018 decision, specifically regarding the adjudication of a claim for clear and unmistakable error (CUE) in rating decisions from April 1970, April 1971, and June 1979. The CUE claim could affect the earlier effective date claim.

The Veteran's initial rating for service-connected lumbosacral spine DDD status-post fusion with scar was granted at a 40 percent disability level, effective from the date of service connection.

The Board has decided that the Veteran's loss of teeth dental disability is not due to in-service trauma or disease, and therefore denied service connection. The issues of service connection for bilateral hearing loss, tinnitus, and scar on upper lip are remanded for further review.

The Veteran's claims for service connection for various conditions are being remanded as there are outstanding treatment records that have not yet been associated with the claims file.,Further examination and opinion may be needed to determine if any of the claimed disabilities are related to military service.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further development. The issues include right forearm post-surgery residuals, heart condition (including bypass surgery), and bilateral hearing loss.

The Veteran's appeals for increased ratings for left bicep tendon rupture, medical anterior left upper arm scar, and adjustment disorder have been withdrawn.,Service connection has not been granted for the Veteran's claimed left shoulder disability, low back disability, or left hip disability.

The Board has remanded the issues of service connection for speech disability, vision disability, and memory disability. The left fifth metacarpal post-fracture and scarring on both hands have been evaluated as noncompensable.