Scars decisions — 2019

The Board has granted an effective date of April 30, 2010 for the award of a Total Disability Rating Based on Individual Unemployability (TDIU) and Dependents' Education Assistance (DEA) benefits.

The Veteran's appeal is denied for a rating in excess of 20 percent for shell fragment wound of the left deltoid, and for ratings in excess of 10 percent for bilateral hearing loss from January 21, 2014 onwards. The Veteran also has his initial compensable rating for left deltoid residual scar associated with shell fragment wound denied.,The Veteran's tinnitus is not rated higher than 10 percent since January 21, 2014. His arteriosclerotic cardiovascular disease from March 26, 2013 to February 14, 2017 was rated at 60 percent and from February 15, 2017 onwards at 100 percent.,The Veteran's diabetes mellitus is not rated higher than 20 percent.

The Veteran's service-connected frostbite disabilities and scars are being remanded for further evaluation due to reports of worsening symptoms.

The Veteran's appeal was denied as the right ankle disability and tinnitus were rated appropriately, with a separate rating granted for painful scars. The Board found no basis to grant higher ratings.

The Veteran's claims for service connection and SMC were denied in 2005, but she filed new claims in May 2014. The Board finds that the original denial is final because the Veteran did not properly appeal it. The case is now remanded to obtain updated treatment records and conduct VA examinations.

The Veteran's scar from his abdominal hernia surgery is being remanded for a new VA examination to assess its current severity, as the previous examiner did not consider recent private medical records indicating ongoing pain.

The Veteran's benefits were terminated due to his bank account being closed for fraudulent activity. The Board found this termination improper and restored the benefits.

The Board has determined that the Veteran's bilateral inguinal hernia and associated scars are related to his service, granting service connection for both conditions.

The Board has remanded the cases for further development and to obtain outstanding SSA records related to the appellant's claims.

The Veteran's claims for service connection for PTSD and TDIU were denied. The Board found that the effective date of the award of service connection for PTSD could not be earlier than September 18, 2013, when the Veteran first met the diagnostic criteria for PTSD. The claim for an earlier effective date was denied as without legal merit. The appeal is remanded to obtain additional evidence and determine whether the Veteran is unemployable due to his service-connected disabilities.

The Veteran's service-connected disabilities, including left leg amputation and left knee disability, have resulted in total occupational impairment. The Board has granted Total Disability Rating due to Individual Unemployability (TDIU) based on the severity of his service-connected conditions.

The Veteran's appeal for increases in the ratings assigned for appendectomy scar was denied. The evidence did not support an increase in the initial staged ratings, as the scars were found to be well-healed and non-painful.

The Veteran's claims for a compensable rating for his shrapnel wound of the left thigh and TDIU are being remanded due to the need for additional examinations and development.

The Board has dismissed all claims of service connection due to the Veteran's death during the appeal process.

The Board has dismissed all service connection claims due to the appellant's death.

The Veteran's claim of service connection for a lower back injury was reopened due to new and material evidence. However, the claim remains denied as there is no established link between his current low back condition and his active service.,A rating in excess of 0 percent prior to October 2, 2013, for a peri-rectal scar was denied. The Veteran's scar was not painful or unstable at that time.

The Veteran's bilateral hearing loss and tinnitus are granted as service-connected.,Service connection for duodenal ulcer is granted with a rating of 20 percent, effective February 19, 2015.

The Veteran's initial compensable rating for scars of the right and left groin is denied.,A higher initial rating of 70 percent, but no higher, for service-connected psychiatric disability (depression schizoaffective disorder) with alcohol abuse in remission is granted effective May 28, 2011.

The Board has granted clothing allowances for the year 2016 due to the Veteran's use of low back brace, left knee brace, and skin medications affecting his upper and lower extremities.

The Board denied service connection for a right ankle disability and an initial rating in excess of 10 percent for coronary artery disease, but granted compensable ratings for constipation due to Parkinson's disease, the scar on the anterior chest, impairment of the vagus pneumogastric nerve, and impairment of the hypoglossal nerve.