Scars decisions — 2020

The Veteran's claim for special monthly compensation (SMC) based on housebound status and the need for aid and attendance was denied as he does not meet the criteria for either SMC based on disability ratings or factual basis.

The Veteran's service-connected disabilities do not render him unable to secure and maintain substantially gainful employment.

The Board has remanded several issues related to the Veteran's service connection claims, including an earlier effective date for scars status post surgery for lung cancer and reopening of prostate disorder and bladder disorder claims. The remaining appeals are also being remanded.

The Veteran's claims for service connection for ischemic heart disease, scars status-post heart surgery, and obstructive sleep apnea (OSA) have all been denied. The Board found that the Veteran did not serve in Vietnam or any other area where herbicide exposure was presumed, and there is no evidence linking his current conditions to his military service.

The Veteran's claims for increased ratings for residual scars of the right and left breasts were denied as they did not meet the criteria for a compensable disability rating under VA regulations.

The Board has denied an increased rating for post-operative residuals of left foot third metatarsal osteotomy and a compensable disability rating for bilateral foot scars. The TDIU claim is remanded due to the proposed reductions in other service-connected disabilities.

The Veteran's claim for a higher disability rating for his service-connected left knee disability is remanded due to the failure to reschedule a VA examination.

The Veteran's claim for an earlier effective date for SMC at the housebound rate is denied as he does not meet the criteria for a single service-connected disability rated as total and additional disabilities independently ratable at 60 percent or more.

The Veteran's service-connected disabilities, including PTSD, diabetes mellitus, and various knee and foot conditions, effectively preclude him from all forms of substantially gainful employment. The Board finds that the criteria for a TDIU have been met due to the combined effect of his service-connected disabilities.

The Board has remanded the claims for service connection for bilateral hearing loss, skin condition (including scars), and headache condition due to insufficient evidence. The Veteran's TDIU claim is denied as he can still secure and follow a substantially gainful occupation with his service-connected disabilities.

The Veteran's appeals for initial ratings in excess of 50 percent for obstructive sleep apnea with restless leg syndrome and an initial noncompensable rating for allergic rhinitis have been dismissed.,The Veteran has been granted TDIU based on his service-connected disabilities.

The Board has decided to remand the case due to a lack of informed consent documentation for cryotherapy procedures performed on the Veteran's finger, which may have led to additional disability.

The Veteran's service-connected disabilities render him unable to secure and follow substantially gainful employment prior to November 3, 2011. The Board granted TDIU based on the combined impact of his service-connected conditions.

The Veteran withdrew his appeals for increased ratings in both cases, so the claims are dismissed.

The Veteran's claim for an increased rating for acne with scarring (face) is denied as the evidence does not meet the criteria for a higher disability rating under any applicable diagnostic code.

The Board has remanded the claims for service connection for alopecia and rear head scar, as these issues are inextricably intertwined with the adjudication of the remanded claim for service connection for alopecia. The VA examiner is required to provide an opinion regarding the etiology of the Veteran's alopecia, including whether it can be classified as a congenital or developmental defect or disease and if there was any superimposed injury or disease in active duty that resulted in additional disability.

The Board has restored service connection for the Veteran's painful scar, residual of postoperative ruptured appendix and closed colostomy due to clear and unmistakable error in the original grant of service connection.

The Veteran's right knee disorder, postoperative residuals of right inguinal hernia, and surgical scar, status-post right inguinal hernia repair, are all granted with respective ratings. The effective date is not specified.

The Veteran's claims for increased ratings were denied as his conditions are rated at the maximum allowable level under applicable VA regulations.

The Veteran's service connection claims for bilateral hearing loss and residuals of a fall with barbed wire are granted. The claim for tinnitus is denied.