Scars decisions — 2019

The Veteran's claims for increased ratings and new disabilities were denied. The scar related to the fractured jaw received a 10% rating, but a separate 10% rating was granted for an elevated scar of the right neck/jaw as of February 7, 2017.

The Veteran's PTSD has been rated at 70 percent, effective from the date of this decision. The Board also granted entitlement to a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities.

The Veteran's midline lumbar and right iliac crest scars are rated at a 10% disability rating since July 21, 2003. The effective date for this service connection is also July 21, 2003.

The Veteran's claim for service connection for an eye disability was denied in a December 2002 rating decision. The effective date of the grant of service connection is October 22, 2014.

The Veteran's claims for an earlier effective date and a compensable rating for erectile dysfunction were denied. The Board found that there was no factual basis to award benefits prior to July 20, 2017 for the scar condition, and that erectile dysfunction did not meet the criteria for a compensable rating.

The Veteran's heart condition, diabetes mellitus, bilateral peripheral neuropathy in the lower extremities, and squamous cancer left cheek with residuals have been granted service connection due to herbicide exposure. The Veteran's dementia and Alzheimer's with depression were denied as not related to his military service.,The Veteran's claim for service connection for bilateral peripheral neuropathy was granted on a secondary basis to his now service-connected diabetes mellitus, type II.

The Board denied the Veteran's claim for service connection for right foot scar tissue as there is no current disability and no evidence of a scar or injury to the right foot during service.

The Board has denied the Veteran's claims for service connection and increased ratings for his right hamstring strain, inguinal hernia with surgical repair and residual scar. The preponderance of evidence is against a finding of current disabilities.

The Veteran's service connection claim for an acquired psychiatric disorder is remanded as the VA examiner did not provide a clear opinion regarding its etiology. The Veteran should be afforded a new VA examination to determine if his current psychiatric disorder was caused by or aggravated by his active service.

The Board has remanded the case due to insufficient medical opinion regarding the cause of death and its relation to service-connected conditions.

The Veteran's depressive disorder, left foot scar, intervertebral disc syndrome/lumbosacral strain, left lower extremity radiculopathy, and right lower extremity radiculopathy have all been granted service connection. However, the effective dates for these grants are not earlier than February 13, 2003 (depressive disorder), June 17, 2015 (left foot scar), May 9, 2012 (intervertebral disc syndrome/lumbosacral strain and radiculopathy of the lower extremities).,The Veteran's depressive disorder has been rated as 70 percent disabling. The Board denied an initial rating greater than 70 percent.

The Veteran's service-connected disabilities were not continuously rated totally disabling for 10 years prior to his death, and he was not a former prisoner of war. The criteria for establishing entitlement to DIC under 38 U.S.C. § 1318 have not been met.

The Board has remanded the claims for squamous cell adenocarcinoma of right mandibular buccal mucosa, residuals of left fibula harvest associated with squamous cell adenocarcinoma, scars of the neck, head and face associated with squamous cell adenocarcinoma, a left leg scar associated with squamous cell adenocarcinoma, and a left upper arm scar status post skin graft associated with squamous cell adenocarcinoma due to inadequate opinion in the November 2015 VA examination.

The Veteran's appeal includes multiple issues related to various conditions, including respiratory, gastrointestinal, neurological, and mental health disorders. The Board has determined that the claims for service connection are mixed due to some issues being granted while others were denied or remanded.

The Board has remanded the cases for further development and evaluation due to inadequate medical opinions regarding the Veteran's claims.

The Veteran's burn scar and left ring finger disability are granted with specific ratings, while the right ankle tendonitis remains denied.

The Board has decided to remand the service connection claims for left upper lip scar and left hand condition due to a duty to assist error. A new VA examination is required.

The Veteran's claim for a clothing allowance due to his service-connected back disability was denied as he did not provide evidence of damage to his shirts that would justify the allowance.

The Veteran's claims for higher evaluations for her service-connected lung disability and scars are being remanded due to the need for additional medical examination.