Scars decisions — 2019

The Board has remanded the Veteran's claims for service connection and initial ratings due to incomplete development, including a need for additional VA examinations.

The Board denied the Veteran's appeal because his substantive appeal was not filed within 60 days of the issuance of the statement of the case.

The Board has determined that a VA examination is needed to assess the Veteran's need for aid and attendance due to his service-connected disabilities, as no such opinion has been provided in the record.

The Board denied the Veteran's claim for an earlier effective date for TDIU, finding that prior to June 20, 2014, there was no evidence showing he was unemployable due to his service-connected disabilities.

The Veteran was granted service connection for right hip degenerative arthritis with an effective date of July 29, 2008.,Service connection for a residual scar on the right hip, secondary to a total right hip replacement, was also granted with an effective date of August 4, 2009.

The Board has remanded several issues related to service connection, including gout, a low back disability, bilateral hearing loss, heart problems, hemorrhoids, scars on the arms, and scars on the legs. The Veteran's service treatment records are not available, and efforts should be made to obtain them from appropriate agencies.

The Board has remanded several issues related to the Veteran's service connection claims due to insufficient evidence or need for additional development. The effective date of benefits is not addressed in this decision.

The Veteran's initial rating for service-connected scars status post right shoulder surgery was granted at a 30 percent rating, the maximum available. The Veteran's initial rating for service-connected degenerative joint disease of the right shoulder was denied as her disability did not meet the criteria for an increased rating.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional examinations to assess the severity of her disabilities, including myofascial pain, right shoulder degenerative joint disease, lumbar spine degenerative joint disease, bilateral knee internal derangement, bilateral plantar fasciitis with hallux limitus, and abdominal scars.

The Veteran's appeals for increased ratings were dismissed due to his withdrawal of the appeal. The RO granted a separate rating for left knee semilunar cartilage tear associated with DJD, but denied an earlier effective date. Ratings for right and left total hip replacements are granted at 70 percent.

The Board has granted earlier effective dates of September 5, 2013 for the grant of service connection for left and right lower extremity radiculopathy and an award of 10 percent for service-connected cervical spine, cervical spondylosis DJD with IVDS with scar.

The Veteran's initial compensable rating for service-connected left knee scar was denied, and the Board has remanded the case to obtain a new VA examination regarding his left knee disorder.

The Veteran's right hand scar was found to not meet the criteria for a compensable rating due to lack of pain or instability and an area less than 39 square centimeters.

The Veteran's service-connected left ankle disability is rated at 20 percent effective from April 5, 2016. His service-connected osteoarthritis of the left knee remains rated at 10 percent. The appeal for increased ratings and service connection is denied.

The Board has decided to remand the Veteran's claims for a right knee disability, a right eyebrow scar, and bilateral hearing loss due to incomplete medical records and the need for further examinations.

The Veteran's earlier effective date for a right shoulder scar is dismissed as the Veteran did not disagree with the new effective date of January 8, 1992.,A compensable rating (30 percent) is granted for tension headaches based on characteristic prostrating attacks occurring once per month over several months.,The criteria for an increased rating for cervical spondylosis are not met as the Veteran's disability does not meet the criteria for a 10 percent or higher rating under Diagnostic Code 5239.,A compensable rating (10 percent) is denied for a right shoulder scar due to lack of instability and pain.,The criteria for an increased rating for thoracic outlet syndrome are not met as the Veteran's disability does not meet the criteria for a 20 percent or higher rating under Diagnostic Code 8514.

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

The Board has remanded the claims for left knee arthritis, left intraparotid facial nerve schwannoma, facial scars due to parotidectomy, basal cell carcinoma excision scar left cheek, and basal cell carcinoma excision scar left lower eye lid as a result of exposure to ionizing radiation. The issues are inextricably intertwined.

The Veteran's TDIU claim is granted due to the combined effects of his service-connected disabilities, which render him unemployable.

The Board has determined that the Veteran's laryngeal disorder, dysphonia, and sulcus vocalis with sulcus scar on vocal cord are proximately due to his service-connected pulmonary coccidiomycosis. Therefore, service connection for these conditions is granted.