Scars decisions — 2019

The Veteran's appeal is being remanded to obtain an addendum opinion regarding his service connection claim for obstructive sleep apnea. The TDIU claim remains pending.

The Board has decided to remand the Veteran's claims for service connection and rating of his skin conditions due to inadequate VA examinations. The Veteran will need new VA examinations to determine the current severity of his dry skin rash, as well as the etiology of any diagnosed skin disorders.

The Veteran's claim for service connection for left foot pes planus was denied as there is no evidence of a diagnosed condition during service or since. The Veteran's current symptoms do not meet the criteria for service connection.,For his residual scar, status-post appendectomy, the Veteran did not have any unstable or painful scars that would warrant a higher rating.

The Veteran's service-connected chest scar is granted a 10 percent rating, but no higher. The ratings for type II diabetes mellitus and CAD are remanded due to lack of recent VA examinations.

The Board has determined that the Veteran's bloody diarrhea, nausea, and digestive and abdominal pains are symptoms of his service-connected ulcerative colitis and non-service-connected pancreatitis. Therefore, these conditions do not constitute a disability for which service connection benefits may be granted.

The Veteran's request to reopen service connection for pseudofolliculitis barbae was granted. Effective March 1, 2012.,Claims for effective dates earlier than March 1, 2012 for left ankle sprain and status post right inguinal hernia repair with residual scar were denied as there was no CUE in the prior decisions.,The Veteran's claim for an initial compensable rating for a left eye scar remains pending.

The Veteran's appeal is being remanded to obtain updated examinations and assess the severity of his gunshot wound residuals, including a scar on his neck, as well as any other identified disabilities.

The Veteran's tinnitus is granted service connection, while his prostate cancer and other conditions are denied. The Veteran also receives a 30 percent rating for pneumonia.

The Veteran's cervical spine injury is not related to his military service.,There is no evidence that the Veteran’s sleep apnea began in or is related to his active duty service.,The preponderance of the evidence does not demonstrate a link between the Veteran’s heart disease and his service-connected psychiatric disorder.,The Veteran's stomach problems, also claimed as ulcers, did not begin during service or are otherwise related to an in-service injury, event, or illness.,There is no current diagnosis of right ear scars due to a head injury. The claim must be denied.,Residuals of the head injury do not have a link to service and were not caused by it.,The Veteran's migraines are not related to his residuals of a head injury.

The Veteran's claim for an increased rating for bilateral hearing loss was denied, and his claim for a TDIU prior to August 16, 2016, was also denied. The Board found that the Veteran did not meet the criteria for a higher disability rating or TDIU based on service-connected disabilities alone.

The Veteran's appeals for temporary total evaluations and increased ratings were dismissed due to the invalidity of a Notice of Disagreement submitted by his representative.,Issues concerning compensable ratings for upper brachial plexus injury, traumatic brain injury (TBI), fracture, left orbital floor, and right-hand scar were also dismissed as there was no specific error or law identified in the VA decisions.

The Veteran's claims for service connection have been remanded due to the need for additional medical opinions regarding the etiology of his psychiatric disabilities, headaches, and head scar.,The Board is requesting an addendum opinion from a neuropsychiatrist or other TBI specialist to address the relationship between the Veteran’s in-service head injuries and current mental health conditions.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional examinations and evaluations.

The Veteran's service-connected urinary tract condition makes it impossible for him to obtain or maintain substantially gainful employment.

The Veteran's claim for a higher rating for his left elbow disability and a compensable rating for his left thigh scar was denied. A total disability rating based on individual unemployability (TDIU) is granted.

The Veteran's service connection claims for bilateral hearing loss and residuals of a right ring finger laceration are both granted. The decision on the latter is based on direct evidence, while the former remains denied due to lack of current diagnosis.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities prior to April 29, 2011. The evidence showed that the Veteran was able to work as an electrical engineer and consultant until January 2009, despite some physical impairments.

The Veteran's claim for a compensable rating for residuals of a contusion of the right hand, status post incision and drainage was granted. A 20 percent rating was assigned for scars of the right hand due to their painful nature but not instability.

The Veteran's initial claim for an initial compensable rating for his right breast scar status post-surgical excision right breast gynecomastia was denied. The Board found that the criteria for a higher or separate rating were not more nearly approximated.,The Veteran's earlier effective date claim for his right breast scar status post-surgical excision right breast gynecomastia was denied as there is no evidence of a prior claim within one year of separation from service. The RO granted service connection on the date of receipt of claim, May 22, 2015.,The Veteran's claims for service connection for his right wrist ganglion cyst (claimed as right-hand arthritis), sleep apnea (claimed as a sleep disorder), hypertension, and migraine headaches were all denied. The Board found that new and material evidence was not submitted to reopen these claims.,The Veteran's claim for service connection for an acquired psychiatric condition to include post-traumatic stress disorder and persistent depressive disorder was also denied.

The Veteran's claims for increased ratings are being remanded due to the submission of additional VA treatment records and examination reports after the issuance of the Statement of the Case.