Scars decisions — 2019

The Veteran's claim for a higher rating and service connection for scars associated with his hernia surgery were denied.,An effective date of November 13, 2015, was assigned for the award of a 20% disability rating for inguinal and ventral hernia, painful scar status-post hernia surgery, and non-painful scar status-post hernia surgery.

The Veteran's diabetes mellitus, type II, is not service-connected due to lack of exposure to herbicide agents and no evidence of chronicity in service.,The retina disability is not service-connected as it is not secondary to a service-connected condition or related to an in-service injury or disease.,Bladder cysts are not service-connected as there was no evidence of chronicity in service, nor any connection to herbicide exposure.,Prostate cancer is not service-connected due to lack of exposure to herbicide agents and no evidence of chronicity in service.,Skin cancer is not service-connected due to lack of exposure to herbicide agents and no evidence of chronicity in service.,Vitiligo is not service-connected as there was no evidence of chronicity in service.

The Board has remanded the claims for service connection due to missing service treatment records and requests for additional information from the Veteran.

The Board has decided to remand the case due to the need for a new VA examination and opinion regarding whether the Veteran has any additional disability caused by the January 2011 VA colonoscopy, including left-hand condition, surgical scars, throat pain, and a saliva stone. The examiner must determine if these conditions are related to the colonoscopy and whether they were reasonably foreseeable risks.

The Veteran's initial and increased rating claims for his right ankle disorder have been granted, with the highest available ratings. The Veteran is also entitled to a higher rating for his right lower extremity distal sural neuropathy.,Service connection for left hip and left knee disorders remains pending as additional evidence or examination may be required.

The Veteran's claim for service connection for PTSD is granted. The Board finds that the Veteran has a current diagnosis of PTSD linked to in-service stressor and grants service connection for PTSD. Other issues related to initial ratings are remanded.

The Veteran's claims for increased ratings for her service-connected back and heart disorders are being remanded due to outstanding medical records. She is seeking earlier effective dates for the 20 and 30 percent disability ratings.

The Veteran's appeal for an initial rating in excess of 10 percent for painful bilateral shoulder scars was denied. The Veteran also appealed for a compensable rating for his bilateral shoulder scars, rated on impairment other than painful scars, which was also denied. Additionally, the Veteran's claim for an increased rating for his left shoulder scar was denied.

The Veteran's claims for increased ratings for left leg length discrepancy and low back scar were denied as there was no evidence showing the conditions warranted a compensable rating.

The Veteran's claim for service connection of an acquired psychiatric disorder has been reopened, and he is now entitled to a TDIU effective March 14, 2016.,VA denied the Veteran's request for an earlier effective date for his left shoulder scar. The Veteran was granted service connection on March 14, 2016, when he filed his claim for a TDIU.,The Veteran’s claim for increased ratings of his left shoulder disability and left shoulder scar remains pending as the Board has remanded these issues.,VA denied the Veteran's request to connect his right wrist disorder with service. The issue is currently under review by the Board.

The Veteran's service-connected hemorrhoids, iron deficiency anemia, and scar status post (s/p) umbilicoplasty are all denied. The claim for a compensable rating for uterine fibroids is remanded.,The Veteran seeks increased ratings for her service-connected conditions of hemorrhoids, iron deficiency anemia, and scar status post (s/p) umbilicoplasty. Her claims for these conditions remain pending.

The Board denied service connection for right elbow disability, finding that it is not related to active service or the Veteran's service-connected left clavicle disability.,Service connection was also denied for additional eye disability claimed as pigment dispersion syndrome/Krukenberg spindle with peripheral corneal scars (previously claimed as refractive error), due to lack of evidence linking these conditions to service.

The Veteran's service-connected conditions were denied as they were not incurred in the line of duty due to his own willful misconduct during a motor vehicle accident (MVA). The claims for higher ratings for migraine headaches and traumatic brain injury (TBI) are also denied.

The Veteran's claims for various disabilities, including lumbar spine disability, bilateral lower extremity radiculopathy, cervical spine disability, bilateral upper extremity radiculopathy, bilateral hearing loss, tinnitus, and foot disability have all been denied. The Board found no evidence of a nexus between these conditions and service.

The appeal for DIC benefits under 38 U.S.C. § 1318 is denied because the Veteran was not evaluated as totally disabled for a continuous period of at least 10 years immediately preceding death. The appeal for service connection for the cause of the Veteran’s death is remanded due to insufficient evidence.

The Veteran's claim for an increased rating in excess of 10 percent for a left knee meniscal tear and anterior cruciate tear was denied. The Board found that the Veteran did not meet the criteria for higher ratings based on limitation of motion or instability.,The Veteran's hypertension was rated at 10 percent, as it did not meet the criteria for higher ratings under Diagnostic Code 7101.,The Veteran's varicose veins were rated at 10 percent each leg. The Board found that the symptoms did not warrant a higher rating due to relief by elevation and compression hosiery.,The Veteran's scar, left knee status post-surgery was rated at 0 percent as it did not meet the criteria for higher ratings under Diagnostic Code 7805.

The Veteran's combined disability rating is 60 percent, which does not meet the percentage requirements for a schedular TDIU. However, due to his service-connected disabilities and inability to secure and follow a substantially gainful occupation, he may be eligible for a TDIU under 38 C.F.R. § 4.16(b).

The Board has remanded the issues of entitlement to a compensable disability rating for right long finger, subluxation PIP joint status post dislocation with residual scar and entitlement to an initial rating greater than 10 percent for temporomandibular joint dysfunction due to new and more recent evidence.,No effective date is provided as the appeal remains in appellate status.

The Veteran's claim for a combined 100% rating prior to August 31, 2010 was denied as the effective date of the award of a combined rating of 100% is correctly set at August 31, 2010.

The Veteran's claims for service connection for gastroesophageal disability, diabetes mellitus, type II, and scar, right knee were denied. The case is remanded for further development.