Scars decisions — 2019

The Veteran's claim for an effective date prior to November 9, 2009, for the grant of service connection for lumbar stenosis with degenerative arthritis of the spine with a scar is remanded. The issue of whether he was paid the correct amount of retroactive benefits following the November 2014 rating decision is also remanded due to its inextricability from the earlier effective date claim.

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

The Veteran's claim for service connection for colon cancer is denied as there is no evidence of a nexus between the condition and his military service. The right forehead scar, however, was found to be related to combat injuries sustained during service.,PTSD has been granted an initial rating of 70 percent, but further examination or remand may be necessary for determining if higher ratings are warranted based on current symptoms.

The Board has denied the Veteran's claims for increased ratings for her fundoplication scar, thoracolumbar spine scoliosis, left hip strain, bladder dysfunction, and cesarean section scar. The cases are being remanded to obtain additional examinations and determine the current severity of these conditions.

The Veteran's chronic obstructive sleep apnea is granted as service connected. The Board also remanded the cases for additional examinations and rating determinations due to new evidence of worsening symptoms.

The Board has determined that the Veteran's claims for service connection for a low back condition, residuals of a head injury, and scar of the head are remanded due to insufficient medical opinions regarding their etiology. The right ankle and right foot conditions have also been remanded.

The Veteran's hypertension and right eyelid and right cheek scars have been evaluated, but the low back condition requires further examination to determine its current severity.,Service connection for congenital stenosis (low back) is not addressed in this decision.

The Veteran's initial ratings for chronic sinusitis/rhinitis, left shoulder impingement syndrome, cervical spine degenerative disk disease, and left upper extremity radiculopathy were granted. The rating for anterior neck scar was also granted but with no assigned percentage or effective date.

The Veteran's service-connected disabilities, including his right leg injuries and knee disorders, have resulted in the loss of use of one lower extremity and affect his functions of balance and propulsion. The Board finds that he meets the criteria for specially adapted housing eligibility.

The Veteran's service-connected disabilities, including back pain and knee conditions, prevent him from securing or following a substantially gainful occupation. The Board finds that the evidence shows he is entitled to an award of a TDIU rating based on his service-connected disabilities.

The Veteran's middle-lower back condition is granted as service connected. The Veteran's left hip strain, right hip extension impairment, and right hip flexion impairment are all remanded for further examination and rating.

The Veteran's appeal is remanded due to the need for additional VA examination and treatment records. The initial compensable rating claim for a scar of the right shoulder status post-surgical repairs has been granted, but the issue of an initial rating in excess of 10 percent for right shoulder strain remains pending.

The Veteran's hypertension is granted service connection, while his cysts on the ear and eye are denied. The Veteran's scar from the right anterior upper thigh, status post cyst removal, is granted a noncompensable rating.

The Veteran's claim for an effective date prior to June 28, 2010 for a separate compensable disability rating for service-connected radiculopathy of the right lower extremity was denied.,The Veteran's claim for a compensable disability rating for service-connected laminectomy scar is remanded.,The Veteran's claim for a disability rating in excess of 20 percent for service-connected radiculopathy of the right lower extremity, sciatic nerve is remanded.,The Veteran's claim for a disability rating in excess of 20 percent prior to April 25, 2017 and 40 percent as of April 25, 2017 for service-connected discectomy secondary to herniated disc with degenerative arthritis of the spine and degenerative disc disease is remanded.

The Veteran's claims for increased ratings and service connection were denied. The claim for sleep apnea with CPAP was not reopened, while the right foot hallux valgus and residual scar conditions received a 10% rating.

The Board has remanded the Veteran's claims due to outstanding private treatment records and additional development of asbestos exposure during service.

The Veteran's back condition and diabetes mellitus, type II are granted service connection. The remaining issues of service connection for a bilateral foot condition, scar, sleep condition, and an acquired psychiatric disorder (including PTSD and depression) are remanded.

The Veteran's claim for an increased rating for basal cell carcinoma residuals surgery with scars on his left neck is being remanded due to the need for additional medical records.

The Veteran's vertigo, scars of the left knee and wrist/arm, CFS, bilateral shin disabilities, frostbite residuals, and Meniere’s disease are not related to his military service.,The Veteran has been diagnosed with these conditions since separation from service but there is no evidence linking them to his time in active duty.

The Board denied the Veteran's claim for an effective date prior to October 3, 2008 for his award of total disability rating based on individual unemployability (TDIU) as he did not meet the threshold minimum schedular percentage standards under 38 C.F.R. § 4.16(a) for a TDIU prior to that date.