Scars decisions — 2019

The Board denied the Veteran's claims for service connection for residuals of a stroke, scar tissue of the left eye, and an eye disorder. The Board found that there was no evidence linking these conditions to service or service-connected diabetes mellitus.,The Board also noted discrepancies in the Veteran’s testimony regarding his current diagnoses.

The Veteran's service-connected disabilities, including bilateral pes planus and coronary artery disease, are of sufficient severity to produce unemployability from November 9, 2010. The Board finds that the Veteran is unable to secure and follow a substantially gainful occupation due to his service-connected conditions.

The Veteran's bilateral hearing loss is currently rated at 30 percent, which is the maximum rating under VA regulations.,The Veteran's left inguinal hernia has been rated as non-compensable due to lack of recurrent or unoperated irremediable condition.

The Veteran's obstructive sleep apnea had its onset during service and is granted. The Board also found that the Veteran has right knee, ankle, and foot disorders, a right wrist condition (including ganglion cyst and carpal tunnel syndrome), hemorrhoids, a scar on his thigh, and residuals of skin cancer of the left cheek/nose, all related to service.

The Board has granted the Veteran's claim for SMC based on the need for regular aid and attendance of another person, as his service-connected disabilities have required him to rely heavily on his wife for assistance with daily activities. The issue of entitlement to SMC on account of being housebound is moot due to the grant of SMC for aid and attendance.

The Board denied the Veteran's claim for service connection for an eye disability, other than macula scars of the posterior pole (post-inflammatory) (post-traumatic) left eye, with presence of intraocular lens, finding that there is no evidence linking his current right eye disability to service.

The Board has remanded the cases for additional development due to inadequate VA examinations regarding the Veteran's left shoulder impingement, left knee internal derangement, and scar on scalp.

The Veteran's service-connected conditions have rendered him unable to secure or follow a substantially gainful occupation since November 1, 2009.,Issues related to initial ratings and effective dates for various service-connected conditions are remanded.

The Veteran's claims for effective dates earlier than May 11, 2011 for service connection are denied.,The Veteran's claims for increased ratings for lumbar spine degenerative arthritis, right lower extremity radiculopathy, left lower extremity radiculopathy, and a back scar are remanded.,The Veteran's claim for TDIU is also remanded.

The Veteran's claims for service connection and rating increases are being remanded due to the need for additional development, including obtaining VA records and medical examinations.

The Veteran's right index finger scar is granted a separate 10 percent rating, but no higher.,The Veteran’s bilateral great toe scars do not meet the criteria for a compensable evaluation.

The Veteran's claim for service connection for a ruptured appendix is denied because he does not have a current disability. The claim for post-appendectomy scar is granted.

The Veteran's claim for a rating in excess of 20 percent for scarring, status post pilonidal cyst removal was denied. The Board found that the evidence did not show five or more scars that were unstable or painful to warrant a higher rating under Diagnostic Code 7804. For his TDIU claim, the Veteran's combined disability rating is 20%, which does not meet the criteria for a TDIU based on service-connected disabilities alone.

The Veteran's claim for a compensable rating, prior to March 30, 2018, and in excess of 10 percent thereafter, for scars of the head, face or neck (previously rated as pseudofolliculitis barbae) is being remanded due to additional evidence received since the July 2018 SOC.

The Veteran's claim for a higher rating for his service-connected left foot scar is denied.,Service connection for the Veteran's claimed left great toe injury and low back disability are both denied.,The effective date of the Veteran's service-connected left foot scar is denied as it cannot be determined that the increase in disability occurred within one year prior to the filing of his claim.,The Veteran's secondary service connection claim for a low back disability due to his left toe injury is also denied.

The Veteran's current ratings for coronary artery disease, scar, status-post boil treatment, left forearm, and PTSD are not adequate due to worsening symptoms. New examinations with updated findings should be conducted.,The Veteran has a current diagnosis of hypertension but his service records do not document the disorder. A remand is required to obtain an addendum medical opinion regarding service connection for hypertension based on herbicide agent exposure.,The Veteran submitted a statement indicating that during service he had to walk through infested waters while in Vietnam and believes this caused his skin problems. A remand is necessary to provide the Veteran with an examination and to obtain an opinion addressing etiology of his claimed condition.,A claim for a TDIU is considered part of increased rating claims. Additional development has been requested with respect to the remanded PTSD, left arm scar, and heart disease claims which may generate evidence relevant to a TDIU. The matter is also remanded.,The Veteran has a current diagnosis of jungle rot in his bilateral feet. A VA examination is needed to determine the nature and etiology of this condition.

The Board has restored the 20 percent disability ratings for service-connected painful scars on abdomen, chest, and back, as well as deep scar on abdomen. The reduction from these ratings to noncompensable was improper.

The Board has decided to remand the case due to insufficient rationale in the VA examiner's opinion and the need for additional VA treatment records.

The Veteran's initial claim for a compensable rating prior to February 24, 2017 was denied. However, the Veteran received a 10 percent rating from February 24, 2017 for his service-connected surgical scars status post back surgery.

The Veteran's claim for increased ratings for his left eye pseudophakia and scars of the left upper eyelid margin and crease with trichiasis is being remanded due to the need for additional medical examination.