Scars decisions — 2019

The Veteran's claims for right lateral epicondylitis, bilateral hearing loss, status post lipoma resection, upper thoracic spine scar, headaches (claimed as secondary to service-connected status post lipoma resection), sleep apnea, bilateral plantar fasciitis, calcaneal spur, and a cervical strain are being remanded for further development.

The Board has determined that additional development is needed for the Veteran's claims of service connection for various disabilities, including a thoracolumbar spine disability, prostate cancer, headaches, gastrointestinal disability manifesting in nausea and vomiting, and inability to conceive. These issues are being remanded.

The Veteran's appeal includes requests for an increased rating for gunshot wound residuals and service connection for sleep apnea. The case is being remanded to provide the Veteran with a statement of the case addressing the increased rating issue, obtain a new VA medical opinion regarding the cause of his sleep apnea, and readjudicate the issues.

The Veteran's application to reopen the claim for residuals of bilateral breast reduction, to include hypersensitive surgical scars, is granted.,Service connection for residuals of bilateral breast reduction, to include hypersensitive surgical scars, is granted.

The Board has granted an effective date of November 7, 2010 for a 10% rating for the Veteran's scar. The case is being remanded for further development regarding service connection for obstructive sleep apnea and an acquired psychiatric disorder.

The Veteran's appeal involves multiple service-connected issues, including right knee and left knee disorders, PTSD, hypertension, anemia, and hernia disorder. The Board has remanded these issues for further development.

The Veteran's initial claims for increased ratings for left neck scar and right foot scars were denied. However, a separate 30 percent rating was granted for painful scars on the left neck and right feet.,The VA determined that the left neck scar did not meet criteria for disfigurement or other characteristics of disfigurement as defined by Diagnostic Code 7800.

The Veteran's appeal for earlier effective dates and increased ratings was denied. The TDIU and SMC claims were granted.

The Veteran's claims for stomach problems, headaches, a head condition, a jaw condition, and residuals of a neck injury are being remanded for further development. The VA will consider these claims on their merits rather than reopening them based on new evidence.

The Veteran's appeal was dismissed due to his death, and the claims for increased rating of scar with muscle loss on left thigh and reopening of low back disability claim are not considered further.

Service connection for residuals of a right eye herpes simplex infection is granted. The appeal for an initial compensable disability rating for right eye corneal scarring is remanded.

The Veteran's service connection claim for surgical scars of the abdomen resulting from September 2009 and June 2010 surgeries is granted. The issue of compensation benefits under 38 U.S.C. § 1151 for failure to remove left ovary is dismissed as a matter of law.

The Veteran's claims for service connection are being remanded due to the need for additional medical opinions regarding his hip, knee, and cervical spine disabilities.

The Veteran's service-connected right fifth metacarpal fracture, status-post ORIF with osteomyelitis, is currently rated as noncompensably disabling. The Board finds that a compensable rating is not warranted due to the lack of limitation of motion or active infection.,The Veteran's service-connected left knee reconstruction is currently rated as noncompensably disabling. The Board finds that a compensable rating is not warranted due to the absence of recurrent instability.

The Veteran's TDIU and DEA eligibility were granted effective September 20, 2010. The Board found that the earliest date when it was factually ascertainable that his service-connected disabilities produced sufficient impairment to make him unemployable.,His service-connected conditions included left arm hypoesthesia and weakness, major depressive disorder, gastroesophageal reflux disease (GERD), a left forearm scar, and a right thigh scar.

The Veteran's claims for service connection, increased ratings, and TDIU have been remanded due to the need for further development or clarification of evidence.

The Board has remanded the Veteran's claims for increased ratings and earlier effective dates due to the need for additional examinations. The Veteran is currently service-connected for inguinal hernia, back disability, right knee limitation of extension, left lower extremity radiculopathy, right lower extremity radiculopathy, right upper lip scar, and right forearm scars.

The Veteran's lung cancer, residuals of right lung lobectomy, and scars are all granted service connection as they are related to his active duty. The adjustment disorder claim is denied.

The Board has determined that a remand is necessary to obtain an opinion regarding the Veteran's TBI and acquired psychiatric disorder, as well as whether his service-connected laceration scar of the occipital area caused or contributed to his death. The appellant contends that these conditions are related to service.

The Veteran's tinnitus is granted as service connected. The Board has also remanded the issues of systemic joint, thoracolumbar spine, cervical spine, bilateral knee, bilateral ankle, peripheral vestibular, scars, hypertension, and migraine headaches disabilities, as well as acquired psychiatric disability (to include PTSD).