Scars decisions — 2019

The Board has remanded the case due to insufficient consideration of the Veteran's service-connected PTSD and its impact on his employability. Additional medical opinions are needed regarding the combined effects of all disabilities.

The Board has remanded the claims for bilateral hip, knee, ankle, lumbar spine, and pelvic injury disabilities due to inconsistencies in evidence regarding whether the Veteran was under the influence of alcohol at the time of a motor vehicle accident. The case will be returned for further development.

The Veteran's service-connected degenerative osteoarthritis, right hip and scar, right hip are granted with a non-compensable rating. The effective date for these grants is August 10, 2007.

The Veteran's claim for service connection for residuals of a TBI is granted.,An effective date earlier than November 7, 2016, for the award of service connection for residual scars, left periorbital, right upper lip and right chin is denied.,A rating in excess of 10 percent for residual scars, left periorbotal, right upper lip and right chin is denied.,The Veteran's claim for service connection for sleep apnea is remanded.

The Board has granted service connection for a right arm scar, finding that it is at least as likely as not secondary to the chronic use of drugs and infections coinciding with drug injection during active duty service.

The Veteran's claim for a higher rating for his right inguinal scar is denied as the evidence does not support a rating greater than 10 percent.

The Board denied the Veteran's claim for a disability rating greater than 10 percent for his service-connected left neck scar, residual of biopsy, as there is no evidence showing any characteristics of disfigurement.

The Board denied the Veteran's requests for earlier effective dates for his back disability and back surgical scar, finding that neither claim was filed within a year of the original intent to file or receipt of an application.

The Veteran's appeal is remanded for further examinations to determine the current severity of his service-connected eye, hearing loss, knee, foot, and skin disabilities. The Veteran also requested a DRO hearing but withdrew it.

The Veteran's claims for service connection for ITP, effective date prior to January 21, 2011 for the grant of a 30 percent rating for bilateral plantar fasciitis, and effective date prior to January 21, 2011 for the grant of service connection for submandibular surgical scar are all remanded. The Veteran's claim for TDIU is also remanded due to its inextricability with the other issues.

The Veteran's death was not due to a service-connected disability. The burial benefits claim is denied as the application for benefits was received after two years of the Veteran's burial, and the other requirements of 38 C.F.R. § 3.1705 are not met.

The Veteran's appeal includes multiple issues, including some that have been withdrawn. The remaining issues are related to service connection for various conditions and rating of disabilities such as right foot fracture residuals, TBI with headaches, low back disability, bilateral lower extremity neuropathy, left wrist disability, and bilateral upper extremity neuropathy.

The Veteran's bilateral corneal scars do not result in incapacitating episodes or visual field deficits, but cause photophobia. The Board denied a compensable rating as the scars do not meet the criteria for any higher rating.

The Veteran's linear scars, post bilateral breast reduction are not rated compensably due to the absence of disabling effects not considered in a rating provided under Diagnostic Codes 7800-04.,The Veteran's folliculitis of the pubic area is not rated compensably as there is no evidence of intermittent systemic therapy or characteristic lesions involving at least 5 percent, but less than 20 percent, of the entire body affected; or at least 5 percent, but less than 20 percent, of exposed areas affected.

The Board has remanded the claims for hypertension, post-operative abdominal injury, acquired psychiatric disorder (anxiety disorder), diabetes mellitus, type II, and right hip scar, residual of a gunshot wound due to missing in-service treatment records and VA treatment records.

The Veteran's current 50 percent rating for scarring due to acne vulgaris is denied as the evidence does not demonstrate that he has six or more characteristics of disfigurement on his face, which would be required for a higher rating.

The Veteran's claims for left hand disability, lower extremity vascular disease, and residuals of fracture of the left little finger were denied. The Veteran was granted a non-compensable rating for pilonidal cyst scars and a compensable rating (10%) for migraine headaches prior to November 16, 2016. However, his claim for increased ratings for right wrist disability after that date is denied.,The Veteran's claims for lower extremity vascular disease and residuals of fracture of the left little finger were denied. The Veteran was granted a non-compensable rating for pilonidal cyst scars and a compensable rating (10%) for migraine headaches prior to November 16, 2016. However, his claim for increased ratings for right wrist disability after that date is denied.

The Veteran's bladder cancer and right inguinal hernia scar have been granted service connection. The Board has remanded the claims of service connection for lumbar spine spondylosis, left ankle sprain, lung disability (to include tuberculosis), and psoriasis due to inadequate VA opinions.

The Board has determined that further examination and etiology opinions are needed for the Veteran's claims of service connection for a chin scar, genital herpes, and left elbow condition due to lack of an opinion in the record.

The Board granted a clothing allowance for the 2015 calendar year for bilateral wrist braces used by the Veteran to treat his service-connected bilateral wrist carpal tunnel syndrome.