Scars decisions — 2019

The Veteran's claims of ischemic heart disease and hypertension, both claimed as due to herbicide exposure in Vietnam, are stayed pending the effective date of the Blue Water Navy Vietnam Veterans Act of 2019.,Right eye vision loss due to a residual scar from a foreign body is granted. Right eye vision loss due to glaucoma (as 95 percent of total vision loss) and right hand DJD are denied.

The Board has determined that the Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to insufficient evidence regarding the nature and etiology of his residuals from a right superficial parotidectomy with facial nerve dissection, as well as whether these residuals were proximately caused by VA care.

The Veteran's claim for an effective date prior to January 14, 2015 for service connection for scarring, left lower extremity, as secondary to service-connected disability of hammertoes, left foot, post-operative is denied. The Veteran's claim for a compensable disability rating for the same condition is remanded due to lack of effective date determination.

The Board denied the Veteran's claim for service connection for a left foot disability, including plantar fasciitis. The Board found that there was no evidence to support the Veteran's contention that her current left foot disability is related to service or caused by or aggravated by any of her service-connected disabilities.,The appeal regarding entitlement to additional dependency benefits for the Veteran’s deceased spouse has been dismissed as the Veteran withdrew her appeal.

The Board has remanded the case due to insufficient rationale in the VA examinations and the need for additional records from SSA.

The Board has determined that additional development is needed for the issues on appeal, including obtaining medical records and scheduling VA examinations. The Veteran's service-connected disabilities are at issue.

The Veteran is not competent to handle disbursement of VA funds due to his mental health issues and history of hospitalizations.

The Board has granted a rating of 10 percent for the Veteran's scar below the left eye, finding that it is painful and not unstable. The current rating reflects this condition.

The Board has remanded the case for a new VA examination to determine whether the Veteran's right eye corneal transplant, with resulting glaucoma, optic atrophy, and pseudophakia, is related to his in-service flash burn and shrapnel injury. The referral to the Director of Compensation Service for an extraschedular rating under 38 C.F.R. § 3.321(b) has also been requested.

The Veteran's claims for initial compensable ratings for residuals of a shell fragment wound in the left chest, service connection for hernia, and service connection for hemorrhoids are all remanded due to insufficient evidence. The Board will provide new examinations and opinions regarding these issues.

The Veteran's service-connected disabilities have rendered him unable to secure or follow substantially gainful employment, and the Board has granted a total disability rating based on individual unemployability (TDIU).

The Veteran's claims for increased ratings are remanded due to the passage of time since his last VA examinations and the submission of new private medical records indicating worsening of his service-connected disabilities.

The Veteran's service-connected disabilities, including lumbar paravertebral myositis, degenerative osteoarthritis of the left knee, and other musculoskeletal conditions, have rendered him unable to secure or follow substantially gainful employment. The Board has granted TDIU based on these disabilities.

The Veteran's initial evaluations for cold injury residuals of the right and left feet, as well as his scars on both hands, were denied. However, he was granted an initial evaluation of 20% for each scar of the right and left feet secondary to service-connected cold injury residuals.

The Veteran's claims are being remanded due to the need for additional development, including obtaining medical records from incarceration facilities and scheduling specialized examinations.

The Board has remanded the claim for additional compensation under 38 U.S.C. § 1151 due to VA care resulting in additional disabilities of a right forearm skin graft, abdominal scarring, and additional hernia disabilities. The case is being returned for further development including scheduling an appropriate VA examination.

The Veteran's bilateral pes planus/bilateral plantar fasciitis, fracture left calcaneus status post repair with hardware and scar, left sural neuropathy, and chondromalacia patella, left knee have been remanded for further evaluation due to the possibility of increased symptoms since his last VA examinations.

The Board denied payment or reimbursement for unauthorized non-VA medical expenses incurred at Carolinas HealthCare System University Emergency Room on September 2, 2016 due to the absence of an emergency condition and feasible availability of VA facilities.

The Veteran's GSW residuals are granted a 40 percent rating, and a separate 10 percent rating is granted for the associated scars. The Board found that his disability picture more nearly approximated moderately severe muscle disability.

The Board has vacated the September 2019 decision due to a withdrawal of the appeal by the Veteran's attorney. The appeal is now dismissed.