Scars decisions — 2019

The Veteran's service-connected residual scar on the left hand, resulting from a radial collateral ligament repair, has not been painful or unstable. Therefore, his claim for an increased disability rating is denied.

The Board denied the Veteran's claims for increased ratings for left and right foot hammertoes, as well as acne vulgaris with scarring prior to January 31, 2012. The maximum rating of 10 percent was maintained for all conditions.

The Veteran's left oophorectomy and total abdominal hysterectomy have been rated appropriately based on the maximum allowable schedular ratings.,The Veteran’s migraine headaches are currently rated as noncompensable, with no evidence of characteristic prostrating attacks.

The Board has determined that the Veteran is unemployable due to service-connected disabilities and grants a total disability rating based on individual unemployability, effective August 12, 2019.

The Board has denied the Veteran's claim for service connection for an acquired chronic respiratory condition, including COPD and right basilar pleural scarring, finding that there is no evidence linking these conditions to his military service.

The Board denied a TDIU prior to January 1, 2012 due to the Veteran's service-connected disabilities not precluding him from obtaining or maintaining substantially gainful employment.

The Board denied the Veteran's claims for service connection for a lung/respiratory disorder and for an increased rating for inguinal hernia repair. The decision also remanded the issue of service connection for a right knee disability.

The Veteran's service-connected eye disability is remanded for a new VA examination to assess the current severity of his condition.

The Board has determined that the Veteran's timely Notice of Disagreement (NOD) regarding his service-connected decreased function of the left hand was received within one year of the July 2017 rating decision. The remaining issues, including increased ratings for burns and scars of the left hand and forearm, anxiety disorder, and a TDIU claim, are remanded due to procedural errors.

The Board has determined that the Veteran's service-connected disabilities render him unable to adequately attend to his daily living needs without regular aid and attendance, thus granting special monthly compensation based on this need.

The Board has remanded the Veteran's claims for sleep apnea and acne with scarring due to insufficient medical opinions addressing causation, aggravation, and secondary service connection.

The Veteran's service-connected PTSD and other disabilities have rendered her unable to secure or maintain substantially gainful employment, leading the Board to grant TDIU.

The Veteran's scars on his left chest are currently rated at 10 percent, but the Board denied an increased rating as neither scar is unstable and only one is painful.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities on an extraschedular basis for the period prior to July 22, 2014.

The Veteran's nerve damage (residual of right leg tumor removal) is denied as the preponderance of evidence does not support a finding that it began during service or is related to an in-service injury.,Prior to March 10, 2017, the Veteran's right leg scar and abdomen scar are each denied initial compensable disability ratings due to lack of painful or unstable scars.,From March 10, 2017, the Veteran is granted a disability rating of 10 percent for her right leg scar and a disability rating of 10 percent for her abdomen scar.

The Veteran's appeals for increased ratings were denied. The herniorrhaphy scar, folliculitis, bilateral big toenail removal, onychomycosis of the great toes, and inguinal hernia are all rated at 10 percent.

The Veteran's appeal for higher ratings of hypertension and left hip scar, as well as his claim for TDIU, has been dismissed. The initial compensable rating for hearing loss with eardrum scars was denied. For PTSD, the Veteran received a 30 percent rating from April 19, 2011 onwards.

The Veteran's claims are being remanded due to incomplete records and the need for additional examinations to determine the severity of his service-connected disabilities, including left knee disability, bilateral hearing loss, scars of the right lower extremity, and stroke. The Veteran is seeking initial ratings in excess of 10 percent for his left knee disability, an initial compensable rating for his bilateral hearing loss, and a compensable rating for his scars of the right lower extremity. He also seeks service connection for his stroke.

The Board has remanded the Veteran's claims for service connection for a psychiatric disorder, including PTSD, and tinnitus due to in-service abuse. The initial compensable rating claim for her scar above her right eye is denied.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations.