Scars decisions — 2019

The Veteran's claims for an initial rating in excess of 10 percent for chronic thoracic/lumbar pain with mild degenerative disease of the thoracic and lumbar spine, and service connection for scars are being remanded due to the need for additional examinations and opinions.

The Veteran's cervical strain claim is denied as there is no diagnosed condition.,Prior to September 29, 2017, the Veteran’s radiculopathy of the right lower extremity was rated at 10 percent. Beginning September 29, 2017, it has been rated at 40 percent.,The Veteran's hernia scar is currently rated at 10 percent and remanded for further evaluation.,Osteoarthritis of the lumbar spine was previously rated at 10 percent prior to September 29, 2017. Beginning that date, it has been rated at 20 percent.

The Board has granted service connection for scarring of the chin but has remanded the issue of service connection for scarring of the cheeks due to insufficient medical evidence.

The Board has granted service connection for a facial scar, diagnosed as vascular malformation with telangiectasis on the right temple, finding that it was incurred during active service and persists.

The Board has determined that the evidence is in relative equipoise as to whether the appellant's skin rash on back, arms, and buttocks, including residual scars, was incurred during his active service. As a result, the claim for service connection is granted.

The Veteran's bilateral hip disability and other service-connected conditions have rendered him unable to secure or follow substantially gainful employment since December 4, 2008. His TDIU claim is granted.

The Veteran's hypertension, left knee disability, right knee disability, bilateral pes planus, left foot disability, left-hand disability (including nerve damage and scar), pseudofolliculitis barbae, and alopecia areata have been remanded for further examination and evaluation.

The Board has decided that the Veteran's left wrist disorder, to include scarring, is not currently service-connected and requires further examination.

The Veteran's claims for service connection for disfiguring and painful scars of the left and right side of skull were granted effective February 3, 2017. The Board denied requests for earlier effective dates.

The Board denied the Veteran's claim for service connection for residuals of a head injury, including a right-side facial scar, memory loss, and headaches. The Board found no current disability related to an in-service head injury and determined that the Veteran did not have a recent diagnosis prior to filing his claim.

The Board has remanded the cases for further development due to the need for additional examinations and information from the Veteran regarding his employment status.

The Veteran's claim for TDIU due to service-connected disabilities is being remanded as the necessary examinations have not been conducted and he has not completed a VA Form 21-8940.

The Veteran's appeal is remanded for additional development to determine the nature and etiology of his claimed elbow, shoulder, ankle, and knee disabilities. The Board will not make a decision on these issues until further evidence has been obtained.

The Veteran's service-connected scars of the breast and left axilla lymph node are not compensable, as they do not meet the criteria for a compensable evaluation under VA rating criteria.

The Board denied the Veteran's claim for service connection for a lung disorder, including COPD, left lower lung scarring, and adenocarcinoma of the left lung, as claimed due to asbestos exposure. The preponderance of evidence did not support a finding that any of these conditions began during service or were related to in-service asbestos exposure.

The Veteran's appeal for an increased rating for tinnitus has been denied as the maximum schedular rating of 10 percent is already assigned.,The Board has remanded several issues including service connection and ratings for various disabilities due to a duty to assist error prior to the May 2018 RAMP opt-in.,Issues include left eye occipital neuralgia, lower extremity sciatica, upper extremity radiculopathy, herpes simplex virus, adjustment disorder with anxiety/depression, migraine headaches, sleep apnea, stroke/vertebral artery dissection, thoracolumbar strain, cervical strain, and scars from hernia repair.,The Veteran's service connection claims for lower and upper extremity sciatica and radiculopathy are remanded due to a duty to assist error prior to the May 2018 RAMP opt-in. VA treatment records need to be obtained from non-VA providers.

The Veteran's service-connected PTSD, tinnitus, bilateral hearing loss, and left eyelid scar prevent him from securing and following substantially gainful employment. The Board finds the AOJ committed a pre-decisional duty to assist error by not sending the case to the Director of the Compensation Service for entitlement to TDIU on an extraschedular basis.

The Veteran's claims for service connection are being remanded due to the need for additional medical records and treatment.

The Board denied service connection for joint pain and arthritis, bursitis, loss of sense of smell, loss of sense of taste, bronchitis, gastrointestinal disability (acquired), headaches, bilateral hearing loss, basal cell carcinoma residuals, linear scar of the left upper extremity post-basal cell carcinoma excision, nonlinear scar of the left upper extremity post-basal cell carcinoma excision, actinic keratosis, and residual scars from inguinal hernia repair.

The Board has granted an initial 50 percent rating for PTSD, but the cases of diverticulosis and scars have been remanded due to insufficient evidence.