Scars decisions — 2020

The Veteran's DIC claim under 38 U.S.C. § 1318 was denied as he did not meet the durational requirement for a total disability rating.,Service connection for the cause of death was also denied, with the Board concluding that COPD did not begin during service or is otherwise related to an in-service injury, event, or disease.

The Veteran's service-connected right inguinal hernia and residual scars do not render him unable to secure and follow substantially gainful employment, as his education and experience allow for sedentary work.

The Board has remanded several issues related to various disabilities, including uterine fibroids, right knee disability, scars of the right knee and abdomen, lumbar spine disability, left lower extremity radiculopathy, cervical spine disability, cervical radiculopathy of the left upper extremity, left breast scars, Kienbach's disease with arthritis of the right wrist, and Kienbach's disease with arthritis of the left wrist. The remand requires consideration of additional evidence and issuance of a supplemental statement of the case (SSOC).

The Veteran's IHD is currently rated at 30 percent, and the Board has remanded to determine if a higher rating is warranted. The left forearm scar remains rated at 10 percent, with no change proposed.,PTSD was awarded a 50 percent rating from January 17, 2017 onwards, and the Veteran's TDIU claim is also being remanded.

The Veteran's appeal includes multiple service connection claims for various conditions, including coronary artery disease, hypertension, type 2 diabetes mellitus, liver disease, hepatitis C, skin cancer, neuropathy, residuals of shrapnel wounds to the back, buttocks, and legs, an acquired psychiatric disorder (PTSD), and a lumbar spine disability. The appeal is currently remanded for further development.,The Veteran's appendectomy scar was rated as 10 percent disabling under Diagnostic Code 7804 due to pain but not instability.

The Board has denied the Veteran's claims for service connection for a right shoulder condition, eczema of the right lower leg and chest, left chin scar, and left elbow scar. The Board found that there was no evidence to support a nexus between these conditions and service or any in-service events.

The Veteran's claims for service connection and increased rating have been denied. The right-hand scar is not compensable, the soft tissue sarcoma of the back (claimed) has no evidence linking it to service or herbicide exposure, and the bilateral flatfeet do not meet criteria for service connection.

The Board has remanded the Veteran's claims for initial compensable evaluations for his service-connected scars, left eye and left groin. The issues have been restated to reflect that the effective dates of increased ratings are May 14, 2019.

The Veteran's forehead scar is granted service connection. The issues of service connection for head injuries and cervical spine disabilities are remanded due to the need for additional medical opinions.

The Board granted the Veteran's claim for a total disability rating based on individual unemployability (TDIU) and increased ratings for his service-connected conditions, including generalized anxiety disorder with alcohol abuse, left shoulder recurrent dislocations and scar, hypertension, tinnitus, and bilateral hearing loss. The attorney is entitled to 20% of any past-due benefits awarded as a result.

An earlier effective date of December 23, 2013 for the grant of service connection for a right knee scar is granted.,Entitlement to an initial rating of 70 percent for bipolar disorder prior to March 4, 2009 is granted.

The Veteran's scar of the mid-lower lip is rated at 10 percent, and his mandible fracture is rated at 10 percent. The Veteran seeks a higher rating for both conditions.,The Veteran's acquired psychiatric disorder is currently rated at 70 percent. He seeks a higher rating.

The Board has remanded the Veteran's claims for a new VA medical opinion to address his right leg scar and right leg condition, as well as his PTSD. The claims are being returned due to inadequate previous examinations.

The Board has remanded the case for further development and consideration, including obtaining an addendum medical opinion to address whether the Veteran's service-connected conditions cause or aggravate his obstructive sleep apnea (OSA). The issues of entitlement to increased ratings for left ear scar and cystic acne of the face and head prior to February 3, 2013 are also remanded.

The Veteran's claim for an earlier effective date for the increased rating of migraine headache disorder is denied as it is not factually ascertainable that his symptoms worsened prior to September 26, 2018.,The Veteran's claim for an earlier effective date for service connection of residual scars from right knee diagnostic arthroscopy with fat pad excision is denied as the earliest date factually ascertainable is July 19, 2018.

The Veteran's claim for a higher rating for his painful midline sternum scar due to coronary artery disease was denied. The scar is rated at 10 percent, effective July 20, 2017.,The Veteran's claim for an initial compensable rating for his left lower extremity surgical scar associated with coronary artery disease was also denied.

The Veteran's initial compensable evaluation for a scar of the dorsum of his right hand was denied.,An initial evaluation greater than 30 percent for a scar of the left upper lip area with dysesthesia was also denied.

The Veteran's service-connected disabilities prevent him from obtaining and maintaining substantially gainful employment due to multiple conditions including dermatophytosis, post-traumatic headaches, painful scar, traumatic brain injury, degenerative arthritis of the left knee, and instability of the left knee.

The Board has remanded the case due to insufficient examination for the right hand scar. The chronic eye disorder claim is denied as there is no evidence of a battery explosion during service and the current eye disorder is not related to service.

The Veteran is granted TDIU from October 17, 2013 due to his service-connected disabilities.