Scars decisions — 2019

The Board has determined that additional development is needed for the Veteran's claims of low back pain, back scars, and PTSD with sleep disorder. Specifically, VA must provide appropriate VCAA notice letters, obtain relevant records from service departments, and ensure all necessary development actions are completed.

The Veteran's service-connected disabilities, including symptomatic scar, tinnitus, and hearing loss, have rendered him unable to secure or maintain substantially gainful employment. The Board has granted a TDIU based on the combined effect of these conditions.

The Veteran's claim for reimbursement of medical expenses received from Randolph County Emergency Squad was denied because the claim was not submitted within the required 90-day period after the emergency treatment.

The Veteran's claims for increased ratings for bilateral hearing loss and tinnitus are denied due to failure to attend a VA examination.,The Veteran's claim for a disability rating exceeding 60 percent for prostate cancer and residuals thereof is denied as the predominant residuals do not meet the criteria for such a higher rating.,The Veteran's claim for a compensable disability rating for erectile dysfunction is denied as he does not suffer from a penile deformity.,The Veteran's claim for a disability rating exceeding 30 percent for disfigurement of the left side of his nose is remanded due to insufficient evidence showing two or more characteristics of disfigurement.

The Veteran's claim for service connection for sleep apnea has been denied as there is no competent evidence linking the condition to his active duty service.,Service connection was also denied for a compensable rating for scar, rectum status post-surgery. The medical evidence did not support a finding that the scar aggravated or caused the Veteran's sleep apnea.

The Veteran's deviated nasal septum disability is rated as noncompensable, and the claim for an initial compensable rating has been denied.,For his residual scar post left varicocele ligation, the Veteran was granted a 10% rating effective January 30, 2017. The Board finds that further review is needed due to conflicting VA examination reports.

The Board has denied the restoration of a higher rating for degenerative disk disease, lumbar spine with herniated disks at L4-L5 and L5-S1. The claim for restoration of a 10 percent rating for residual scar status post L3-L4 laminectomy is granted.

The Veteran's claims for increased ratings for a painful scar, linear scar, and limitation of motion of the left ring finger as residuals of a laceration were denied. The Board found that none of these conditions warranted an initial rating in excess of 10 percent.

The Veteran's service-connected disabilities do not render her unemployable, and the Board denies entitlement to TDIU.

The Board has reopened the Veteran's claim for service connection of a right eye disability (central scar) due to new and material evidence received since the April 2008 rating decision. The Board found that the Veteran had a right eye disability related to an in-service injury, granting service connection.

The Veteran's postoperative hernia scars and right lower extremity neuropathy have been rated at 0 percent, which is the lowest possible rating. The Board found that these conditions do not meet criteria for a higher rating.,For TDIU, the Veteran does not meet the percentage requirements under 38 C.F.R. § 4.16(a) as his combined service-connected disability rating is only 10 percent.

The Veteran's appeals for higher disability ratings and TDIU have been dismissed due to his withdrawal of the appeals prior to the Board's decision.

The Veteran's claim for increased rating of painful left foot scar was denied. The service connection claims for low back disability, right ear hearing loss, carpal tunnel syndrome, and psychiatric disability were remanded. A TDIU claim is also pending.

The Veteran's right middle finger amputation with scar is not rated compensably, as the disability does not meet the criteria for a higher rating under Diagnostic Code 5154.,Prior to April 25, 2019, the Veteran's service-connected bilateral hearing loss has been rated noncompensably disabling. Since April 25, 2019, his hearing loss is not rated in excess of 50 percent.

The Board has remanded the case due to insufficient development of evidence regarding the Veteran's upper lip scar, including its effects on both interior and exterior portions of his mouth. The Veteran needs an updated VA examination to assess the severity of his disability.

The Veteran's appeals for higher initial disability ratings and an earlier effective date are being remanded due to new evidence received since the August 2017 Statement of the Case.

All issues are remanded for further evaluation and clarification of the Veteran's claims.

The Board denied entitlement to a higher disability rating for the Veteran's bilateral foot scars and left leg scar, but granted service connection for recurrent cysts of the face, legs, and groin. The Veteran's PFB rating was restored from noncompensable to 10 percent.

The Veteran's service-connected disabilities, including multiple gunshot wounds and resulting injuries, have rendered him unable to work due to severe physical limitations. The Board has granted his claim for a total disability rating based on individual unemployability (TDIU).

The Veteran's right shoulder strain is rated at 20 percent, but the Board finds no evidence of a higher rating due to limited motion.,The Veteran's residuals of fracture of the right radial head are currently rated as noncompensable. The VA examiner found no functional impairment and normal range of motion.,For status post right fibular fracture, the Veteran is currently rated at 10 percent from September 15, 2014 onwards. Prior to this date, the Veteran's disability was considered asymptomatic. After September 15, 2014, the VA examiner found moderate limited motion of the ankle.,The Veteran's bilateral plantar fasciitis with heel spur is rated at 10 percent from May 11, 2015 to September 12, 2016. After this date, the disability is rated higher than 50 percent.,Hypertension is not service-connected and thus no rating is assigned.,Left ankle scars associated with status post left ankle open reduction internal fixation surgery are currently rated as noncompensable.,Surgical scar status post open reduction internal fixation right fibula fracture is also rated as noncompensable.