Scars decisions — 2019

The Board has decided that the Veteran's respiratory disability, including bibasilar scarring and atelectasis, is related to service due to asbestos exposure. However, the current opinion from the VA examiner does not provide adequate rationale for this conclusion. The case is being remanded for a new examination and opinion.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including TDIU, evaluation of PTSD and other conditions, service connection for hypertension, and tinnitus. The matters are being returned for additional development.

The Board has denied the Veteran's claims for an earlier effective date and initial rating for his service-connected scars, status-post lobectomy. The case is being remanded to schedule a new VA examination.

The Veteran's appeal is remanded for further development of medical records and a determination regarding the effective date for his peritoneal mesothelioma disability.

The Veteran's left thumb scar is granted service connection. The lumbar spine, bilateral foot, and ulcerative colitis conditions are remanded for further examination and opinion. The depression and insomnia issues are also remanded.

The Board denied the Veteran's claims for revision of final rating decisions that awarded service connection and noncompensable evaluations for various right upper extremity disabilities, finding no clear and unmistakable error.

The Veteran's back disability is granted a rating of 50 percent, but no more. The rating for his back scars remains noncompensable.

The Veteran's claims for service connection for bilateral hearing loss and tinnitus were denied, as there was no evidence of current disabilities. The Veteran's left knee disability was rated at 10 percent under Diagnostic Code 5260 due to limitation of flexion. His left index finger and ring fingers were each rated at 0 percent based on the absence of functional impairment.

The Board has dismissed the appeal for an effective date prior to February 3, 2017 for the grant of the temporary 100 percent disability rating for partial right knee replacement. The appeals for increased ratings and earlier effective dates are remanded.

The Board has decided to remand the case due to inadequate reasons and bases in the December 2017 decision, requiring further evidentiary development.

The Board has remanded the claims for bilateral hearing loss, right and left foot scars, low back disability, neck disability, coronary artery disease, skin disability, osteomyelitis, and PTSD due to incomplete records from the Veteran's National Guard service. The Veteran needs to provide specific documented confirmation of the unavailability of the missing records.

The Board has denied initial compensable ratings for right knee strain, left hand strain, and high blood pressure. The claims are being remanded to obtain additional medical evidence.

The Board has remanded the Veteran's claims for bilateral armpit disability as they are incomplete and require additional development, including obtaining VA and private treatment records.

The Veteran's claim for service connection for an acquired psychiatric disorder, including as secondary to his service-connected disabilities was denied. The Board found that the evidence did not support a finding of service connection.

The Veteran's claims for increased ratings were denied. The scars associated with the s/p left hip dislocation and left ring finger laceration scar do not meet the criteria for a compensable rating, while the thigh impairment s/p left hip dislocation is rated as non-compensable (10 percent), limitation of extension s/p left hip dislocation is also rated as non-compensable, and s/p left hip dislocation remains non-compensable.

The Board dismissed the Veteran's claims for nonservice-connected disability pension benefits, TDIU, and a compensable rating for multiple noncompensable service-connected disabilities due to lack of jurisdiction over the pension claim.

The Board denied service connection for left eye loss of sight, left lower extremity pain, right lower extremity pain, low back pain, bilateral thigh scars, and gout as there is no evidence of current disabilities or in-service incurrences.,Service connection was remanded for gastroesophageal reflux disease (GERD), right foot pain, hypertension due to herbicide agent exposure, tumor on face, chronic sinusitis secondary to tumor on face, and loss of teeth secondary to tumor on face.

The Veteran's clothing allowance for the calendar year 2017 for a back brace is granted due to wear and tear on his clothes caused by using a back brace.

The Board has granted service connection for residual scarring from skin cancer, but denied service connection for a skin condition apart from cancer (acne or folliculitis). The Veteran's skin conditions are related to sun exposure during his military service.

The Veteran's lipoma residual scarring of both arms and thighs is being remanded for a new VA examination to assess the current severity of his condition.