Scars decisions — 2019

The Veteran's service-connected migraine and tension headaches are rated at 50 percent, the highest available under Diagnostic Code 8100. The Board also granted a TDIU based on his combined disability rating of 90 percent.

The Veteran's appeals have been withdrawn, and the issues of entitlement to increased ratings for various conditions are dismissed.,The rating reduction from 20 percent to 0 percent for degenerative arthritis of the left shoulder with chronic separation was proper.

The Veteran's claim for increased ratings and service connection has been remanded due to insufficient evidence. The right eye corneal scar remains noncompensable, while the right eye refractive error claim was reopened but no new rating is assigned yet.

The Veteran's tinnitus is granted service connection with an effective date of January 1, 2001. The low back and right elbow disabilities, right foot plantar fasciitis, and left foot bone spurs are also granted with the same effective date. However, the claim for a right eyebrow scar was not filed within one year after separation from active duty, so it is denied.

The Board has granted service connection for a scar, residual of a laceration of the right thigh. However, there is no current diagnosis or functional impairment of the Veteran's right knee to warrant service connection.

The Veteran's claims for higher ratings for allergic rhinitis, non-linear scarring of the left lower extremity, linear scars due to skin cancer removal, and scarring of the nose and neck have all been denied. The evidence does not support an increased rating in any period on appeal.

The Board has decided that a VA examination is needed to determine the nature and etiology of the Veteran's tick bite infection, scar, and any residuals of the injury. The appeal will be remanded for this purpose.

The Veteran's PTSD is granted as service-connected. The bilateral knee disability and left forearm scar claims are remanded for further development.

The Veteran's diabetes mellitus is rated at 20 percent, and he is granted special monthly compensation based on the need for aid and attendance of another. The issues regarding service connection for Parkinson’s disease and sleep apnea secondary to PTSD have not yet been adjudicated.

The Veteran's scar on his left buttock is rated at 10 percent due to pain, but not instability. The Board denied a higher rating as the evidence did not meet the criteria for an increased rating under DC 7804.

The Veteran's service-connected disabilities prevent him from obtaining and retaining substantially gainful employment. The hypertension claim is remanded for a medical opinion.

The Veteran's appeal is remanded for additional development to determine the nature and extent of his service-connected residuals of cellulitis, other than scars. The issues of service connection for an acquired psychiatric disorder (secondary to service-connected disability) and a compensable rating for residuals of cellulitis, other than scars are also remanded.

The Veteran's rating for malignant melanoma surgical scars was reduced from 100% to noncompensable, and the Board has determined that this reduction is not ready for appellate review. The matter is REMANDED for further action.

The Veteran's service-connected conditions have rendered him unable to perform daily activities of living without the assistance of another, and he is granted SMC for aid and attendance from another person.

The Veteran's claims for increased evaluations of his lumbosacral strain residuals, forehead scar, and lower extremity radiculopathy have been remanded due to the need for further evaluation. The TDIU claim is also pending.

The Veteran's multiple service-connected conditions do not render him unable to secure and follow a substantially gainful occupation.

The Veteran's PTSD has been granted a rating of 70 percent, effective July 14, 2016. The effective date for the higher rating remains pending as it is based on the filing of a noninitial claim.

The petition to reopen the previously denied claim of entitlement to service connection for hiatal hernia is denied.,The petition to reopen the previously denied claim of entitlement to service connection for gastroesophageal reflux disease (GERD), to include as secondary to hiatal hernia, is denied.,The petition to reopen the previously denied claim of entitlement to service connection for surgical scars secondary to hiatal hernia, based on the receipt of new and material evidence, is denied.,The petition to reopen the previously denied claim of entitlement to service connection for bilateral hearing loss, based on the receipt of new and material evidence, is granted.

The Veteran's service-connected conditions, including posttraumatic stress disorder, right hip and knee disabilities, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted TDIU due to the combined effect of these disabilities.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation prior to November 13, 2015.