Scars decisions — 2019

The Board denied service connection for scarring of lungs secondary to asbestos and ionizing radiation, but remanded the issue of service connection for a bilateral hand skin condition.

The Board denied the Veteran's claim for an earlier effective date for SMC based on aid and attendance/housebound, finding that there was no factual evidence to support a need for regular aid and attendance prior to December 3, 2012.

The Veteran's claims for increased ratings for coronary artery disease and associated scars are being remanded due to the need for additional VA examinations.

The Veteran's left eye disability, which had been rated at 30 percent since June 4, 2006, was reduced to 10 percent effective April 22, 2015. The Board found that the reduction was not proper as there was no evidence of actual improvement in the ability to function under ordinary conditions of life and work.

The Board has determined that the Veteran's claims for increased evaluations and remand are related to his service-connected conditions, specifically left talus bone degenerative changes, a left ankle scar, and PTSD. The effective dates will be determined based on the findings from the examinations.

The Veteran's initial claim for a compensable evaluation for residuals of shell fragment wound, right leg was denied prior to October 10, 2016. From that date forward, he received an increased rating of 20 percent.,For his painful residual scar on the right lower extremity, the Veteran received a separate 20 percent rating effective from October 10, 2016.

The Board has granted service connection for the cause of the Veteran's death and dismissed the DIC claim as moot due to the grant of service connection.

The Veteran's appeal on two issues was dismissed due to his death. The first issue, service connection for a scar secondary to service-connected lumbar spine herniated disc with degenerative disc disease, is not addressed as the Veteran died during the pendency of the appeal. The second issue, seeking an evaluation higher than 10 percent for lumbar spine herniated disc with degenerative disc disease, was also dismissed.

An effective date of October 16, 2003 is granted for service connection for a right knee disability.,An earlier effective date for non-cancerous fatty tumors with residual scars is denied.

The Veteran's initial rating for painful scar, right forearm is granted at a 10 percent from November 13, 2013. The issue of an initial rating in excess of 10 percent for degenerative joint disease (DJD), right knee remains remanded.

The Veteran's service-connected head injury, residual scar of the right parietal scalp and headaches have been evaluated as 10 percent disabling. The Board denied a higher evaluation for both conditions.

The Board denied the appellant's claim for a total rating due to individual unemployability caused by service-connected disabilities, finding that his service-connected conditions do not preclude him from securing and following substantially gainful employment.

The Veteran's claims for increased ratings for painful scars and neuritis of the left lower extremity were denied as there was no evidence to support a rating in excess of 10 percent.

The Veteran's toxoplasmosis, chorioretinal scarring and loss of visual field and decreased visual acuity in the left eye, and corneal endothelial defect in the right eye were denied for initial evaluations in excess of 10 percent prior to March 13, 2018, and since that date. The current evaluation is 20 percent.

The Board denied a TDIU on an extra-schedular basis for the period prior to January 26, 2005 due to insufficient evidence showing that the Veteran's service-connected PTSD and appendectomy scar alone caused him to be unemployable.

The Veteran's service-connected disabilities do not meet the schedular requirements for TDIU, but his claim is referred to the Director of Compensation Service for consideration of an extraschedular rating.

The Board has remanded the Veteran's claims for service connection due to new and material evidence having been received, but no specific effective date or rating assigned is provided.

The Veteran's C-section scar is painful but stable, and the Board has granted a 10 percent disability rating for this condition.

The Veteran's PTSD is rated at 70 percent, and the Board finds no evidence of total occupational and social impairment.,The Veteran is found to be in need of regular aid and attendance due to his service-connected disabilities.

The Veteran's appeals for service connection and initial disability rating have been dismissed due to his withdrawal of the appeal.