Scars decisions — 2020

The Board has remanded two issues: entitlement to a rating in excess of 10 percent for a right foot burn scar and entitlement to service connection for a left foot and leg disability due to duty-to-assist errors.

The Board has dismissed the Veteran's appeals for increased ratings and service connection claims due to a failure to file timely notices of disagreement within one year of notification letters.

The Veteran's claim for service connection for erectile dysfunction is denied as the evidence does not support a link between his current condition and his active military service. The Board also found that he cannot secure or follow substantially gainful employment due to his service-connected disabilities, but did not grant TDIU as the schedular threshold was met.

The Veteran's service connection claims for residuals of lacerations to the left index finger and hand (scars) and residuals of a bullet wound to the low back (scar) have been granted. The lung disorder other than left upper lung adenocarcinoma claim has not been met.,A rating higher than 10 percent for bilateral hearing loss prior to December 12, 2019, and a rating higher than 40 percent thereafter have also been denied.

The Veteran's claim for a compensable disability rating for hemorrhoids was denied as the severity, frequency, or duration of his symptoms did not meet the criteria for a higher rating.,The Veteran's claim for a compensable disability rating for recurrent right eye corneal abrasions without decreased visual acuity or visual impairment (claimed as vision and secondary retina (scars, atrophy, or irregularities of)) was denied because there were no incapacitating episodes resulting in an evaluation under the General Rating Formula for Diseases of the Eye.

The Board has determined that additional development is needed to assess the current severity and manifestations of the service-connected scars, including limitation of motion or function. The claims for initial compensable disability ratings and increased disability ratings are being remanded.

The Veteran's shell fragment wounds of the left upper arm have manifested with slight symptoms involving Muscle Group III, and minimal scarring without evidence of fascial defect, atrophy, or impaired tonus.,For the appeal period prior to June 7, 2016, the Veteran’s painful, superficial scar demonstrated very mild pain upon palpation.

The Veteran's appeal for service connection and disability ratings is remanded, while the TDIU claim from October 17, 2011 to April 4, 2012 is also remanded. The Board will consider whether the Veteran can secure and follow a substantially gainful occupation due to his service-connected disabilities.

The Veteran's post-total right knee replacement is rated at 60 percent, his bilateral hearing loss and right knee surgical scar are not compensable, and he has a separate 10 percent rating for left knee instability. The Veteran also received a 20 percent rating for lumbar spine degenerative disc disease with radiculopathy.

The Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation, and the Board finds that his employment during the appellate period was not marginal.

The Board denied service connection for contact dermatitis and skin cancer with related scars, including abscesses, sores, and boils. The Veteran's GERD, PUD, DVT, and kidney disease were not found to be related to his military service.,Service connection was remanded for hypertension due to presumed exposure to herbicides in Vietnam.

The Veteran's service-connected disabilities have not rendered him incapable of securing or following a substantially gainful occupation, and his claim for total disability rating based on individual unemployability is denied.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on the need for aid and attendance, as his non-service-connected conditions limit his ability to live independently.

The Veteran's claims for scars residuals of basal cell carcinoma are remanded due to the need for a supplemental statement of the case (SSOC) with consideration of new evidence.

The Veteran was granted service connection for various conditions, including sleep apnea, herpes simplex, insomnia and nightmare disorder, right knee patellofemoral pain syndrome, etc., effective August 1, 2017.

The Veteran's service connection claim for a scar residual of a left arm vaccination is granted. The right wrist disability and tinnitus cases are denied, with the right wrist case being remanded due to insufficient evidence.,Service connection for a right knee disability and bilateral hearing loss remains pending as additional examination and medical opinions are needed.

The Veteran's service-connected disabilities do not preclude him from securing and following gainful employment consistent with his educational and occupational experience. The Board denied the claim for a TDIU on an extraschedular basis prior to May 2, 2014.

The Veteran's service-connected disabilities do not prevent him from obtaining or maintaining substantially gainful employment, and the Board finds that he is still capable of sedentary work.

The Veteran's request to reopen his claim for service connection of discoloration of the face was granted. The appeal for a compensable evaluation for left eye corneal scar is remanded.

The Veteran's scar, residual of a shrapnel wound of the right leg, is granted a 10 percent rating. The Veteran’s dermatophytosis of the feet and crural region is denied an increased disability evaluation. The Veteran’s PTSD is granted a 50 percent disability rating. The Veteran’s diabetes mellitus is denied an increased disability evaluation.