Scars decisions — 2019

The Veteran's request to reopen claims for lumbar spine disability and obstructive sleep apnea was granted. However, the claims of service connection for lung scarring, including pulmonary fibrosis and bronchiectasis, were denied.

The Veteran's claims for service connection have been remanded due to the need for additional examinations and medical opinions. The issues include service connection for a low back disability, bilateral knee disabilities, radiculopathy, onychomycosis of the toenails, and a skin disorder (claimed as peeling skin on fingers).

The Board denied a rating in excess of 10 percent for the Veteran's burn scar of the right upper extremity, finding that the evidence did not support an increase beyond the current 10 percent rating.

The Veteran's service-connected disabilities, including obstructive sleep apnea with COPD and irritable bowel syndrome, have rendered him unable to maintain substantially gainful employment.

The Board has identified several issues for remand, including service connection claims and increased rating claims. The Veteran's prostate disability is of particular interest as it may affect the outcome of other claims.

The Veteran's appeal is being remanded for additional examinations to assess the severity of his service-connected conditions, including gout, hypertension, GERD and IBS, lumbar spine degenerative arthritis, right knee status post anterior cruciate ligament repair, left knee patellofemoral pain syndrome, and right lower extremity surgical scars. The Veteran contends that he should have higher initial ratings for these disabilities.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation, as his right leg condition only mildly impacted his occupational function and he was capable of sedentary employment.

The Veteran withdrew his appeals regarding the ratings for coronary artery disease and left arm scarring before a decision was made.

The Veteran's initial compensable evaluation for a left lower leg scar, status post remote spider bite, is denied as the preponderance of evidence does not show that his service-connected disability has been painful or unstable.

The Board denied service connection for scarring of the glans penis and erectile dysfunction, finding that there was no evidence linking these conditions to the Veteran's service. The Board also found that secondary service connection for erectile dysfunction could not be established as the primary condition (penile deformity) was not service-connected.

The Veteran's right tragus scar is granted a 10% rating, while his initial non-compensable rating for right eardrum removal remains denied. The issue of service connection for vertigo and/or balance issues as a result of service-connected right ear drum removal is remanded.

The Board has remanded the cases for additional development and readjudication due to issues related to scars from stab wounds sustained by the Veteran in January 1979.

The Veteran's claim for service connection of residuals of an osteochondroma of the right humerus, including scars, is reopened. However, the Board has determined that a remand is necessary to obtain additional medical opinions and to review VA treatment records from 1970-1971.

The Veteran's hypertension is denied as there is no evidence of its onset during service or within one year post-service, and the medical opinion found it unrelated to military service.,A non-compensable evaluation for the left 3rd finger scar from ganglion cyst excision was granted effective December 8, 2009. The Veteran's current evaluation is 10 percent after this date.,The Veteran's request for a higher evaluation for his left 3rd finger scar from ganglion cyst excision has been denied as the medical opinion found it unrelated to service and not more than 10 percent disabling overall.,A compensable evaluation (at least 20 percent) for the Veteran's left eye pterygium was denied.

The Veteran's claims for service connection for sleep apnea, anxiety disorder, headaches, a head scar, and fibromyalgia have been dismissed as the Veteran withdrew his claims during his June 2019 Board hearing.,The Veteran's claim for an initial disability rating in excess of 50 percent for service-connected headaches has also been dismissed.

The Veteran's appeal for a higher rating for scalp scars was denied. The Board also remanded the issues of service connection for left shoulder disability and heart condition, to include trivial mitral regurgitation (MR), as well as an increased rating for lumbar strain.,Service connection for a left shoulder disability and heart condition are being remanded due to inadequate development.

The Board has remanded the Veteran's claims for bilateral mastectomy scars and GERD due to insufficient evidence in some areas, including missing VA medical records and a need for another etiology opinion.

The Veteran's claims for service connection were denied as the evidence did not show a relationship between his conditions and service, or any other qualifying exposure.

The Board has remanded all issues previously remanded by the Board in May 2019, including those related to effective dates and ratings for scars. The AOJ is required to issue an SSOC for these matters.

The Board has remanded the claims for high cholesterol, PTSD, left carpal tunnel syndrome, scar from cesarean sections, hysterectomy, left oophorectomy, tinnitus, pelvic pain after childbirth, right shoulder dislocation, rhinitis and sinusitis (claimed as allergies), bilateral plantar fasciitis, hypertension, eczema, lumbar spine arthritis, cervical spine arthritis, right carpal tunnel syndrome, and severe alopecia (claimed as cicatrical scarring alopecia) for additional development to verify service records.