Scars decisions — 2019

The Veteran's service-connected disabilities have precluded him from obtaining and maintaining substantially gainful employment beginning June 22, 2016.

The Veteran's claim for a clothing allowance due to wear and tear of his clothing from bilateral knee braces is granted, subject to the law and regulations governing the payment of monetary benefits.

The Board has remanded the Veteran's claims for low back disorder, bilateral eye disorder, head injury residuals, headaches, and acquired psychiatric disorder (Posttraumatic Stress Disorder) due to a lack of medical opinion regarding the relationship between service and these conditions. The issues are inextricably intertwined with the issue of entitlement to service connection for a head injury.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including increases in ratings for various conditions and a rating for a posterior neck scar. The claims are being remanded due to the need for additional development of medical evidence.

The Veteran's service-connected disabilities do not render him unable to obtain and/or secure substantially gainful employment, as his education and work history suggest he can perform sedentary or light work.

The Veteran's service connection for branch retinal vein occlusion (BRVO) is granted. The appeal regarding other eye disabilities and a respiratory/pulmonary disorder is remanded.

The Veteran's TBI and head scar are remanded for a VA examination to determine their relationship to service-connected PTSD. The claims will be readjudicated after the examination.

The Veteran's diabetes mellitus, type 2 is currently rated at 20 percent and does not meet the criteria for a higher rating.,The Veteran’s back disability is currently rated at 20 percent and does not meet the criteria for a higher rating.,The Veteran’s radiculopathy of the right lower extremity is currently rated at 20 percent and does not meet the criteria for a higher rating.,The Veteran’s radiculopathy of the left lower extremity is currently rated at 20 percent and does not meet the criteria for a higher rating.,The Veteran's prostate cancer, status post robotic prostatectomy, results in erectile dysfunction but no other residuals, and the prostate cancer is in remission. The voiding dysfunction causes urine leakage, but it does not require the wearing of absorbent material or the use of an appliance. The condition does not cause increased urinary frequency or signs or symptoms of obstructed voiding.,The Veteran's erectile dysfunction manifests as loss of erectile function, but without deformity of the penis.,The Veteran’s service-connected scars are not unstable or painful, measure less than 39 square centimeters in total area, are not associated with underlying tissue damage, and result in no functional impairments or disabling effects.,Audiometric testing establishes that the Veteran has had, at worst, level I hearing in the right ear. Audiometric testing also established that the Veteran does not have left ear hearing loss for VA purposes.,While the Veteran was exposed to acoustic trauma during active military service, he does not have a left ear hearing disability for VA purposes.

The Board has remanded the cases of entitlement to a compensable evaluation for scars, residuals of shell fragment wounds; entitlement to an initial rating in excess of 50 percent for posttraumatic stress disorder (PTSD); and entitlement to a total disability rating based on individual unemployability (TDIU).

The Veteran's service-connected burn scars, cervical spine injury, and left upper extremity radiculopathy prevent him from obtaining substantially gainful employment. The Board has determined that the criteria for TDIU have been met.

The Veteran's tinnitus is not service-connected as it did not begin during active service or is otherwise related to an in-service injury, event, or disease.,The Veteran’s bilateral pes planus does not warrant a compensable rating as her symptoms are relieved by orthotic inserts.

The Veteran's sleep apnea is proximately due to service-connected conditions, including asthma and depressive disorder. The Board has granted service connection for this condition.

The Veteran's claim for increased ratings and earlier effective dates is being remanded due to the complexity of the issues.,Issues include service connection for sleep, hypertension, mental health conditions, as well as rating increases for various knee and hip disabilities.

The Veteran's service-connected disabilities are shown to be of such severity so as to preclude substantially gainful employment since August 10, 2009. The claim for TDIU is granted.

The Veteran's appeals for increased ratings for linear appendectomy scars and right wrist disability have been dismissed. The appeal for residuals of appendectomy has been remanded.

The application to reopen the claim for back condition (previously claimed as aching in legs and back) is denied.,The application to reopen the claim for hysterectomy with scars is granted. The Veteran's service-connected chronic PTSD symptoms have more nearly approximated total occupational and social impairment, warranting a 100% rating.

The Board has ordered remand for further development and examination of the Veteran's claims, including his eye disability, cervical spine disability, tachycardia, PTSD rating, and TDIU.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the dates of his periods of active duty and inactive duty training, as well as the exact date of a motor vehicle accident in 1988. The Veteran is also required to provide legible versions of military pay vouchers and obtain authorization from VA to release private medical records.

The Veteran's appeal was denied for various conditions, including service connection and rating determinations. The Board also dismissed appeals regarding effective dates.

The Veteran's fibrocystic breast disease, right breast (mastectomy), and residual scarring of the right breast are granted service connection. The claim for an evaluation in excess of 20 percent for degenerative disc disease is remanded.