Scars decisions — 2019

The Veteran's appeal involves multiple issues related to various disabilities, including diabetes mellitus, cataracts and diabetic retinopathy, erectile dysfunction, renal failure, peripheral neuropathy, and amputation scars. The AOJ is directed to obtain updated treatment records and the December 2013 Statement of the Case for further review.

The Veteran's appeals have been withdrawn for hemorrhoids, shortness of breath as the result of chemical exposure, and a compensable rating for scar, left ring finger. The hypertension claim has been reopened due to new evidence supporting its connection to service-connected conditions or Agent Orange exposure. The loss of use in the Veteran’s left arm is not due to a service connected disability. The claims for lumbar facet degenerative changes, carotid artery blockage, and scar on chest are remanded.

The Board has remanded the cases for further development and consideration, including obtaining additional medical records and providing an addendum opinion regarding the Veteran's back disability. The issues of service connection for a back disability, initial ratings for keloid scars of the neck and ear, and hemorrhoids are being returned to the agency of original jurisdiction (AOJ) for readjudication.

The Veteran's service-connected conditions did not prevent him from obtaining and maintaining substantially gainful employment, as he was able to perform sedentary work.

The Board has granted the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that they preclude him from securing or following substantially gainful employment.

The Veteran's service-connected disabilities did not render him unemployable prior to December 1, 2015. His TDIU claim is denied.

The Veteran's claim for an initial 50 percent rating for migraines is granted. The Veteran also has other service-connected conditions, but the appeal does not address their effective dates or whether they are related to service.

The Veteran's claims for service connection of hypertension, diabetes mellitus, asthma, leg scars, and knee disabilities are remanded due to the need for additional medical opinions.

The Veteran's appeals for increased ratings and TDIU prior to July 18, 2011 have been dismissed as he withdrew his appeal.

The Veteran's appeal for service connection for a cesarean scar was dismissed because the Veteran withdrew her appeal prior to the Board making a decision.

The Veteran's bunionectomy scar needs to be re-evaluated due to recent assertions of increased severity. The case is being sent back for a new VA examination.

The Veteran's claim for an increased disability rating for his service-connected facial scar was denied. The Board found that the evidence did not meet the criteria for a compensable disability rating under Diagnostic Code 7800, and only awarded a separate 10 percent rating for painful scars effective April 2016.

The Veteran's service-connected disabilities have prevented him from securing and following substantially gainful employment since November 15, 2011.

The Board has remanded the claims of service connection for left foot disability, right hip replacement with scar, and right knee DJD due to conflicting opinions on whether these conditions were aggravated by or caused by the Veteran's service-connected right foot condition.

The Board has determined that the Veteran's left knee, wrist, hand, and head trauma with scar disabilities are not related to service. The case is being remanded for further examination and opinion.

The Veteran's TDIU claim is denied because he is currently employed and his service-connected conditions do not prevent him from securing or following a substantially gainful occupation.

The Veteran's claims for increased ratings and service connection have been partially granted, with some issues being granted while others were denied. The effective dates for the grants of service connection are not specified.

The Veteran's service connection claim for a left elbow laceration scar is granted. The claim for other left elbow disability (excluding the laceration scar) is denied.

The Board has denied the Veteran's claims for service connection for right ankle disability, high blood pressure, rib fractures, lung injury, facial scar, and PTSD due to a finding of willful misconduct in causing an automobile accident while under the influence of alcohol.

The Veteran withdrew his appeals regarding four specific conditions, resulting in the dismissal of these claims.