Scars decisions — 2019

The Veteran's service-connected disabilities have prevented him from securing or following substantially gainful employment, and the Board has granted TDIU based on these conditions.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the Veteran’s claims for service connection for scarring of the glans penis with complications of urethral stenosis and erectile dysfunction. The issues are being remanded due to missing pathology reports, confusion regarding HPV diagnosis, and need for another opinion on the cause of the Veteran's condition.

The Veteran's service-connected disabilities, including anxiety disorder, back disorder, left knee disorder, and radiculopathies of the lower extremities, have prevented him from securing or following a substantially gainful occupation since January 31, 2013. Effective that date, he is granted a TDIU.

The Board denied service connection for a skin disorder (other than right-hand ganglion cyst and secondary surgical scar) and a back disorder. The claim of service connection for a stomach disorder, to include gastroesophageal reflux disease (GERD), is remanded.,Service connection was not granted for the Veteran's claimed skin disorders or back disorder.

The Veteran's claim for a compensable evaluation for his service-connected laceration scar of the right buttock was denied. The effective date assigned by the AOJ in the June 2016 rating decision is September 16, 2008.

The Veteran's appeals for increased ratings and TDIU were denied. The esophageal surgery with dysphagia and residual scar, peptic ulcer disease, and diabetes mellitus service-connected disabilities are not shown to warrant a higher rating or TDIU prior to September 26, 2017.

The Veteran's claims for higher ratings and additional compensable ratings for his left quadriceps muscle injury, left knee scar, and parathyroid gland removal scars are being remanded due to the need for additional examinations and development of records.

The Board has remanded the case for further development and consideration of whether the Veteran is unemployable due to service-connected disabilities prior to November 26, 2018.

The Veteran's petition to reopen claims for residuals of left wrist fracture, kidney disorder, bilateral eye disorder, and lung disorder have been granted. The petitions to reopen the remaining issues are pending.

The Board has granted service connection for chest keloid scars and cold weather injury of the bilateral feet, finding that the evidence supports a finding that these conditions are related to active service.

The Veteran's service-connected PTSD contributed substantially and materially to his death from accidental heroin intoxication, which the Board finds was secondary to self-medication of PTSD symptoms.

The Veteran's claim for a compensable rating for basal and squamous cell carcinoma scarring of the trunk and extremities under DC 7805 was denied as the scars do not meet the criteria for a higher rating.

The Veteran's claims for increased ratings and service connection were denied due to lack of evidence showing an increase in disability within one year prior to the filing of his intent to file a claim.,An earlier effective date was granted for the assignment of a separate rating for sinusitis, but not earlier than May 31, 2016.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and scheduling a new eye examination to assess the severity of his service-connected right eye blindness due to trauma with central scotoma. The issue of entitlement to TDIU will also be addressed.

The Veteran's hypertension is granted a 10 percent rating, effective January 5, 1982. The right hand residual burn scars are granted a 10 percent rating, effective January 5, 1982. The right forearm scar residuals are granted a 10 percent rating prior to June 12, 2018 and a 20 percent rating since that date. The right hand keratosis is granted a non-compensable rating.

The Veteran's service connection claims for various disabilities, including those secondary to cancer of the larynx, are denied as they do not meet the criteria for service connection.

The Veteran's lung cancer, PTSD, and residual scars are service-connected. However, the Board finds that he does not meet the criteria for a special home adaptation grant due to lack of an inhalation injury.

The Board denied service connection for various disabilities, finding that the Veteran's injuries were caused by his own willful misconduct.

The Board has granted service connection for PTSD and remanded the issues of service connection for a blood disorder, head injury with residual scar, and degenerative arthritis of the lumbar spine. The TDIU claim is also remanded.

The Veteran's claims for increased ratings for residual scar and painful scar have been denied as the scars do not meet the criteria for a higher rating under applicable VA regulations.