Scars decisions — 2019

The Board has remanded the case for further development, including scheduling a VA examination and obtaining additional medical records. The Veteran's claim for service connection for residuals of a left scalp disorder is pending.

The Veteran's service-connected disabilities, including PTSD, coronary artery disease, and liver cancer, are sufficient to render him unemployable without regard to his age or any nonservice-connected disorders. The Board has granted TDIU.

The Board has remanded the case for additional development to obtain medical records and employment information, as well as a new opinion regarding entitlement to TDIU prior to December 17, 2012.

The Board has granted an earlier effective date of May 16, 2015 for a 10 percent disability rating for the Veteran's service-connected scar abdomen (painful) right side hernia repair.

The Veteran's claim of weight gain is denied as it does not constitute a disease or injury for which service connection may be established.,For the entire period on appeal, the Veteran’s left knee osteoarthritis and chronic right knee strain have been rated at 10 percent. The Board finds that entitlement to ratings in excess of 10 percent is not warranted based on the evidence provided.,The Veteran's service-connected left shoulder joint sprain, status post acromion open reduction and internal fixation has been rated at 20 percent. The Board finds no basis for a higher rating given the current clinical findings.,For the entire period on appeal, the Veteran’s bilateral hearing loss has been rated at noncompensable (0%). The Board finds no basis for an increased rating based on the evidence provided.,The Veteran's service-connected left shoulder residual surgical scar and left side of hip residual surgical scars have both been rated at 20 percent. The Board finds no basis for a higher rating given the current clinical findings.,For the entire period on appeal, the Veteran’s restless leg syndrome has not been evaluated by VA as it is not service-connected.,The Veteran's claims for service connection for back disability, left hip arthritis, right hip disability, and head injury have all been remanded due to insufficient evidence.

The Veteran's appeals for service connection and rating issues have been dismissed due to withdrawal of the claims by the Veteran during his hearing.,Additional development is required for the following issues: whether new and material evidence has been received to reopen a claim of service connection for residuals of a neck injury, service connection for sleep apnea secondary to an acquired psychiatric disorder and service-connected sinusitis, service connection for an acquired psychiatric disorder (PTSD), initial rating higher than 10 percent for right shoulder strain and rotator cuff tendonitis, initial rating higher than 10 percent for instability of the left knee, and initial rating higher than 10 percent for left knee strain with meniscus repair surgery.

The Veteran's claim for a compensable disability rating for his scar secondary to service-connected right hammer toes, status post-surgical repair, is denied.,The Veteran's claim for an earlier effective date for bilateral metatarsalgia is also denied.

The Veteran's appeals for erectile dysfunction, scar associated with CAD, and renal dysfunction were dismissed due to the Veteran withdrawing his appeal before a decision was made.

The Veteran's claims for service connection are remanded due to insufficient medical evidence to determine the etiology of his esophageal condition, ulcer disease, and hiatal hernia.

The Veteran's non-compensable service-connected disabilities did not interfere with his normal employability, so he is denied a 10 percent combined evaluation.

The Veteran's death was not caused by any service-connected disability, and the evidence does not support a finding that his hypertension or cardiovascular-renal disease (including hypertension) began in service.

The Veteran's surgical scars of the bilateral upper extremities are currently rated as noncompensable prior to January 20, 2016 and at a maximum of 10 percent thereafter. The Veteran is seeking an increased rating for her left shoulder disability (thoracic outlet syndrome) and entitlement to TDIU.,The Veteran's headache disability has been assigned a maximum schedular rating of 50 percent since the period on appeal began, based on very frequent prostrating attacks that are productive of severe economic inadaptability. The Veteran is seeking an increased rating for her left shoulder disability (thoracic outlet syndrome) and entitlement to TDIU.,The Veteran's left shoulder disability (thoracic outlet syndrome) has been rated as noncompensable since the period on appeal began. The Veteran is seeking a higher rating for this condition, as well as entitlement to TDIU.

The Veteran withdrew her appeal regarding the issue of entitlement to an increased rating for impetigo, effectively dismissing this case.

The Board has remanded the case due to issues with the development of evidence and the need for a new VA examination. The main issue is the Veteran's claim for TDIU, which was not fully addressed in previous decisions.

The Veteran's claim for an initial compensable rating for residual scar, excision of neoplasm posterior neck was denied as the evidence did not show at least one characteristic of disfigurement.,Service connection for bilateral hearing loss was denied because there is no current diagnosis and the preponderance of the evidence does not support a finding that the Veteran had hearing loss during service or due to an in-service injury.

The Board has remanded the case for further examination and opinion regarding whether PTSD aggravated dementia, which was a contributing factor to the Veteran's death. The Veteran had service-connected disabilities but did not meet the legal criteria for DIC under 38 U.S.C. § 1318.

The Board has decided to remand the Veteran's claims for increased evaluations and compensable evaluations, as they have not been fully addressed by the AOJ. The VA needs to consider all evidence of record before issuing an SSOC.

The Veteran's tinnitus is currently rated at the maximum allowable under Diagnostic Code 6260, resulting in a denial of an increased rating.,The Veteran's bilateral hearing loss disability has been rated at 30 percent since February 2015 and no higher ratings are supported by the evidence.,The RO reduced the Veteran’s post-traumatic headaches from 10 to 0 percent effective February 27, 2015 without proper notice or a proposed rating reduction, making this reduction void ab initio. The disability rating of 10 percent is restored as of February 27, 2015.,The Veteran's disfigurement from a right occipital scar and tender right occipital scar are both rated at the maximum allowable under their respective diagnostic codes (38 C.F.R. § 4.118).,The effective date for the grant of TDIU is granted as March 7, 2007.

Service connection for left hemiparesis and associated migraines, stuttering and loss of speech, complex regional pain syndrome, left lower extremity restless leg syndrome, right lower extremity restless leg syndrome, an acquired psychiatric disorder (claimed as nerves), and a rash have been granted.,Effective dates for service connection are set at September 17, 2008.

The Veteran's breast scars were granted service connection as they were present during active duty and subsequent to service. The Veteran was also granted increased ratings for her right ankle disability, hypertensive heart disease, hypertension, exploratory laparoscopic right salpingo oophorectomy for right ovarian cyst, left foot cyst and bunionectomy, and endometriosis.