Scars decisions — 2019

The Veteran's service-connected heart disease and other disabilities do not preclude him from securing or following a substantially gainful occupation.

The Board has remanded multiple service connection claims due to the need for additional medical records and information.

The Board denied the claim for service connection for cause of death, finding that neither a respiratory nor cardiovascular disease was incurred in or aggravated by service or causally related to service-connected disorders. The Veteran's PTSD did not substantially or materially contribute to his death.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating or service connection at any point during the appeal period.

The Veteran's service connection claim for residuals of a hysterectomy and bilateral salpingo-oophorectomy with scar is granted, as the Board finds that her symptoms are etiologically related to her active duty service. Additionally, she was awarded special monthly compensation (SMC) based on loss of use of a creative organ due to surgical removal of both ovaries during her service.

The Board has remanded the claims for service connection for bilateral lower extremities cellulitis and associated scars due to a lack of consideration of the Veteran's competent reports regarding the onset of the condition during service.

The Board has remanded the Veteran's claims for cervical spine disability, obstructive sleep apnea (OSA), scar of the right anterior base of neck, radiculopathy of the left upper extremity, and radiculopathy of the right upper extremity as secondary to service-connected lumbar spine disability. The remand requires additional opinions regarding whether these conditions are aggravated by the service-connected lumbar spine disability.

The Board has remanded the Veteran's claims for a compensable rating for her service-connected surgical scar of the axillary area of the right breast and for a rating in excess of 10 percent for her service-connected status-post gallbladder surgery with gastritis and IBS due to lack of recent VA examinations. The Veteran's representative requested a new examination for both issues, and the RO should obtain updated VA treatment records and private treatment records as well as request any outstanding relevant private treatment records.

The Veteran's right eye scar is service-connected, but the left leg disability remains unresolved and requires further examination.

The Veteran's tinnitus claim is denied as there is no evidence of service connection or a relationship to service.,A 10 percent rating for left knee instability is granted, but the Veteran’s right knee instability remains noncompensable.,The Veteran's left breast scar does not meet criteria for a compensable rating under current VA guidelines.,The extension of the temporary total evaluation beyond August 31, 2015 for convalescence following surgery for a service-connected left knee disability is denied.

The Veteran's service-connected left leg and right foot disabilities have caused him to lose the use of his left foot, which prevents him from operating a standard motor vehicle. The Board has granted eligibility for financial assistance for an automobile and adaptive equipment.

The Veteran's service connection claim for residuals of pilonidal cyst surgery and scars is granted as the current symptoms are related to in-service surgeries.

The Board has remanded the Veteran's claims for facial and posterior scalp scars, painful scars on the posterior scalp, PTSD with depression and anxiety, and TDIU due to evidence of worsening symptoms and the need for updated medical records.

The Board has dismissed the claims for increased ratings for right ring finger and thumb scars, and has remanded the remaining issues including service connection and rating determinations.

The Board denied an increased rating for bilateral hearing loss and a compensable rating for the Veteran's scalp scar, finding that the evidence did not meet the criteria for higher ratings under VA regulations.

The Board has granted an initial rating of 20 percent for painful scars right chest and right flank due to stab wound, effective February 26, 2018.

The Board has granted an initial rating of 20 percent for painful scars right chest and right flank due to stab wound, effective February 26, 2018.

The Board has granted a TDIU from January 28, 2015 to January 13, 2016. The issue of whether the Veteran was unemployable prior to January 28, 2015 is remanded for additional development.

The Board has remanded the Veteran's claims for service connection of right hip arthritis and a right foot disability, including status-post third toe osteotomy and a right foot scar due to plantar warts. The examination should address any potential scars from the surgeries and whether they are related to his service-connected condition.

The Board denied an initial compensable rating for scars of the bilateral upper extremities due to discoid lupus, finding that the evidence did not show any deep and nonlinear scars warranting a 10% rating under DC 7801. The Veteran was already receiving separate ratings for other service-connected disabilities.