Scars decisions — 2019

The Board dismissed all claims due to the appellant's withdrawal of the appeal prior to a decision being made.

The Veteran's appeals for service connection for blurred vision, bilateral hearing loss, dizziness, inhalation injury, degenerative disc disease of the lumbar spine with intervertebral disc syndrome, left knee disability, right knee disability, tinnitus, sleep apnea, GERD, status post excision benign skin mass on the right wrist with residual scar, headache disability, left cubital and carpal tunnel syndrome, right cubital and carpal tunnel syndrome, right lower extremity radiculopathy, and PTSD have all been dismissed due to withdrawal of appeals by the Veteran.,The Veteran's appeals for a disability rating in excess of 10 percent for left ankle disability, right ankle disability, left foot disability, and right foot disability are being remanded for further development.

The Board has decided to remand the cases for additional development and consideration of the claims.

The Veteran's appeals for increased ratings for a partial avulsion laceration of the left ear and left thigh skin graft scars were denied as there was no evidence showing visible or palpable tissue loss and either gross distortion or asymmetry of two features or paired set of features, or; four or five characteristics of disfigurement. The Veteran's left thigh skin graft scar had an approximate total area of 145 square centimeters.

The Board denied the Veteran's claim for an earlier effective date for TDIU, finding that he was engaged in substantial gainful employment prior to October 21, 2011.

The Veteran's claims for effective dates prior to August 10, 2016, for the grants of service connection and TDIU/DEA benefits are being remanded due to inextricably intertwined issues.

The Veteran's right foot, bilateral knee, and vaginitis and pelvic inflammatory disease disabilities are granted. The Veteran's left knee disability is also granted. A rating of 30 percent for vaginitis and pelvic inflammatory disease is granted.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to her service-connected disabilities, finding that there was no evidence showing she is unable to secure or maintain substantially gainful employment.

The Board has determined that the Veteran's claims for increased evaluations of his service-connected lumbar spine and eye disabilities require additional examination to ensure proper evaluation.

The Veteran's claim for service connection for residuals of a traumatic brain injury (TBI), other than a cognitive disorder not otherwise specified was denied. The Board found that the evidence did not support a diagnosis of any residual TBI, and therefore, there were no residuals to grant service connection.,For the right ankle scar, the Veteran's claim for an increased rating prior to June 14, 2017 was denied as the scar did not meet the criteria for a compensable rating. The evidence showed that the scar was not painful or unstable and constituted less than 929 square centimeters.

The Board has granted entitlement to TDIU from December 4, 2018 due to the appellant's service-connected disabilities preventing him from obtaining or maintaining substantially gainful employment. The claim for extraschedular TDIU prior to December 4, 2018 is being remanded.

The appeals for bilateral hearing loss, tinnitus, right ankle disorder, right shoulder disorder, left shoulder disorder, chronic left sternoclavicular joint disorder, left foot disorder, and left lower extremity radiculopathy have been dismissed.,The appeal for PTSD has also been dismissed.

The Board denied an increased rating for the Veteran's left foot surgical scar, finding that it did not warrant a higher than 10 percent evaluation due to its stable and painful nature. The Veteran was currently assigned a 10 percent rating under Diagnostic Code 7804.

The Veteran's appeals for increased ratings for laceration to the right lateral eyebrow and scar of the right lateral eyebrow have been dismissed. The Board has also remanded the issue of entitlement to an increased rating for chest wall discomfort, as well as the TDIU claim.

The Board has granted a 70 percent rating for the Veteran's anxiety disorder and remanded the issue of entitlement to a total disability rating due to individual unemployability (TDIU).

The Board has granted service connection for Major Depressive Disorder (MDD) as secondary to the Veteran's service-connected status-post ruptured left anterior ethmoid with residual metal clip, epistaxis, sinusitis, headaches, and left nose and eyelid scar.

The Board has determined that updated VA examinations are needed to assess the current severity of the Veteran's service-connected degenerative arthritis of the lumbar spine, low back scar, and radiculopathy of the left lower extremity.

The Board has remanded several issues related to the Veteran's service-connected conditions, including increased ratings for low back strain and right hip strain, a compensable rating for erectile dysfunction, and initial ratings for bilateral lower extremity radiculopathy. The Veteran also raised a claim for TDIU.

The Board has denied the Veteran's claims for earlier effective dates and service connection, finding that there were no prior claims or unadjudicated issues related to these conditions. The Veteran was granted service connection for PTSD on June 23, 2016.

The Veteran's service-connected disabilities do not meet the criteria for an increased level of SMC based on need for higher level of aid and attendance.