Scars decisions — 2019

The appeal to reopen the claim of service connection for a neck disability is allowed.,The application to reopen the claim of entitlement to service connection for a right knee disability is denied.,The application to reopen the claim of entitlement to service connection for a right ankle disability is denied.,The application to reopen the claim of entitlement to service connection for a scar of the left eye is denied.,The application to reopen the claim of entitlement to service connection for a right eye disability, to include insignificant retinal pigment deposits and myopic astigmatism in the right eye (also claimed as benign neoplasm of chorial nevus) is denied.,As new and material evidence has been received to reopen the claim of service connection for a left eye disability, other than a scar of the left eye and to include insignificant retinal pigment deposits and myopic astigmatism in the left eye (also claimed as benign neoplasm of chorial nevus), the appeal to this extent is allowed.,The application to reopen the claim of entitlement to service connection for hemorrhoids is denied.,The application to reopen the claim of entitlement to service connection for a left elbow disability, also claimed as nerve damage, is denied.,Entitlement to service connection for an acquired psychiatric disorder (PTSD), to include alcohol abuse, anxiety condition, drug abuse, memory loss, mental disorder, and major depression, is denied.

The Board denied the Appellant's claim for service connection for the cause of her husband's death, finding that there was no evidence showing that his service-connected disabilities caused or contributed to his death.

The Veteran's service-connected disabilities did not prevent him from securing and following substantially gainful employment.

The Veteran's service connection claims for various conditions have been granted. The appeal as to the claim of service connection for burn scars of the right forearm and face is moot, and the claim is dismissed for lack of jurisdiction.

The Veteran's service connection claims for obstructive sleep apnea, residuals of prostate cancer, and a psychiatric disability were denied. The claim for a higher rating for the scar on his right side of the face with paresthesia was also denied.,Service connection for the cause of death due to bladder cancer resulting from diabetes mellitus, type II, was granted.

The Board has granted an effective date of December 18, 2009 for the grant of service connection for scar, status post epididymectomy.,The Veteran's claim for a compensable disability rating for his scar, status post epididymectomy is remanded due to conflicting medical opinions regarding whether the scars are painful and associated with underlying soft tissue damage.

The Veteran's claim for a 10% rating for left heel scar is granted from May 13, 2013. The claims for service connection of bilateral knee disabilities are remanded.

The Board denied an increased rating for scars of the right forearm and hand, as there was no indication that the Veteran had three or four scars or that his scars were both painful and unstable.

The Board has remanded several issues related to the Veteran's service connection claims due to a failure to comply with the duty to assist in obtaining VA medical records. The AOJ is instructed to obtain all outstanding VA treatment records and schedule the Veteran for examinations to address his current conditions, including headaches, skin condition, and acquired psychiatric disorder.

The Board has determined that further development is needed for all issues as the remand directives in the August 2018 have not been complied with. The Veteran's claims are being returned to the AOJ for additional development.

The Veteran's service-connected scars are being remanded for further evaluation and the provision of unretouched color photographs.

The Veteran's facial scar has been rated as noncompensable due to lack of characteristics of disfigurement. The Board found no evidence supporting a higher rating.

The Veteran's claims for service connection for residuals of scarlet fever and loss of teeth, left lower side of mouth have been dismissed. The Board has remanded the claims for service connection for paroxysmal atrial fibrillation and Tachy-Brady syndrome (heart disability), to include as due to herbicide exposure and secondary to a service-connected psychiatric disability.

The Board has granted service connection for PTSD and assigned an effective date of March 12, 2014. The Veteran's claim was reopened based on new evidence submitted by the appellant.

The Board has remanded the case due to the need for a supplemental medical opinion regarding whether the Veteran's service-connected neck scar residuals prevented EMS from intubating him following his cardiopulmonary arrest in May 2007.

The Veteran's bilateral iritis with left eye chorioretinal scars was granted a 10 percent rating prior to March 6, 2015 and denied any higher rating from that date.

The Board has remanded the case for further examination and evaluation of the Veteran's scars, as there may have been a burn injury in service. The decision on service connection for obstructive sleep apnea and increased rating for PTSD remains pending.

The Veteran's appeal is being remanded due to the need for additional development of evidence, including a medical opinion from his VA primary care doctor regarding the need for an electric scooter. The VAMC should also obtain any missing treatment records and ensure all relevant guidelines are provided to Dr. T.H.Y.

The Board has remanded the cases for additional development and readjudication due to new evidence received since the last statement of the case.

The Veteran's appeal is remanded for further consideration of his character of discharge and service connection issues.