Scars decisions — 2019

The Veteran's initial compensable evaluation for service-connected scars of the left leg has been denied due to the area not exceeding 929 square centimeters.,The Veteran's right hip strain is remanded as it appears to have worsened since the last evaluation, necessitating a new VA examination.,The Veteran's muscle atrophy of the left leg is also remanded for further review and clarification of its relationship to service-connected conditions.

The Board denied the Veteran's claim for a disability rating in excess of 10 percent for his service-connected residuals of right femur fracture with scarring, finding that the evidence did not support such an increase.

The Veteran's TDIU claim is remanded due to worsening symptoms of his service-connected PTSD and the recent grant of service connection for asbestosis. A VA examination is needed to assess the impact on employment.

The Board has denied the Veteran's claims for compensation under 38 U.S.C. § 1151 for her left thumb condition, scarring residuals of left thumb surgeries, and left thumb nerve damage due to a lack of evidence showing that these conditions were proximately caused by VA negligence or fault.

The Board denied the Veteran's claims for earlier effective dates for his service-connected surgical neck scar and painful right posterior neck scar, finding that there was no evidence of an increase in severity prior to September 16, 2016.

The Veteran's claims for service connection for various conditions, including PTSD, were denied. The Board found that the evidence did not support a finding of an in-service stressor and that the preexisting scars on the left arm and knee were not aggravated by service.,There is no indication of any exposure to Agent Orange or Camp Lejeune, and there are no findings regarding any other presumptive conditions.

The Veteran's service-connected disabilities did not prevent him from securing and following substantially gainful employment prior to October 13, 2011.

The Board has decided to remand the cases for further examination and opinion regarding service connection for left foot hallux rigidus, with hammertoes; residuals of a right hip replacement with residual scar; and right knee degenerative joint disease with residual scar.

The Board found that the Veteran's injuries sustained in a motor vehicle accident were not incurred in the line of duty due to his own willful misconduct and intoxication, resulting in denial of service connection for all three conditions.

The Veteran's service-connected disabilities, including tension headaches and multiple shoulder injuries, have rendered him unable to secure or follow a substantially gainful occupation.

The Board has denied the Veteran's claim for service connection for residuals of inguinal hernia, including keloid scar as there is no evidence that her current condition was incurred or aggravated by military service.

The Veteran's chest disability, including CABG scars and chest pain, is rated at 30 percent since November 4, 2015. Prior to that date, the scars were not painful or unstable.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation, as his limitations are considered in the combined rating. The preponderance of evidence does not support TDIU.

The Veteran is seeking an effective date earlier than April 29, 2014 for the grant of service connection for traumatic painful scars of the right index finger and thumb. The Board has determined that this claim was not filed prior to January 23, 2013.,The Veteran is also seeking TDIU since August 22, 2014 due to his service-connected disabilities.

The Board has granted the Veteran's request to reopen his service connection claim for keloid scars and has also determined that he is entitled to service connection for these scars.

The Board has remanded the Veteran's claims for service connection for chorioretinitis of the left eye and left eye retinal scarring, to include as secondary to chorioretinitis due to a lack of addressing in the Supplemental Statement of the Case.

The Board has reconsidered the claims of service connection for bilateral hearing loss, diabetes mellitus, type II, PTSD, right knee patellofemoral pain syndrome, left knee patellofemoral syndrome, residuals of a recurrent anal fissure, sarcoidosis with sleep apnea, hypertension, hiatal hernia with gastroesophageal reflux disorder, and cyst removal scar. The claims are remanded due to the need for additional development.

The Veteran's appeal is remanded for further development to address service connection for an acquired psychiatric disability, including PTSD, major depressive disorder, and anxiety disorder; service connection for insomnia; and entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities.

The Veteran's service-connected disabilities do not render him unable to secure or maintain any substantially gainful occupation consistent with his education and occupational background since July 30, 2010.

The Veteran's claim for a higher evaluation of his status post discectomy L3-4 with scar and TDIU due to PTSD has been granted. The Veteran is now rated at 40 percent for the service-connected condition, which meets the criteria for a total disability rating based on individual unemployability.