Scars decisions — 2020

The Veteran's TDIU claim is remanded due to the inextricably intertwined issue of increased ratings for his service-connected disabilities. The VA will address these issues before making a final decision on the TDIU.

The Board denied the Veteran's claims for service connection for various disabilities, including right shoulder disability, left ankle and ankle disabilities, left foot and right foot disabilities, low back disability, and right elbow disability. The claim for status post left salpingectomy with scars was also denied.

The Board has remanded the claims for increased ratings and TDIU due to the need for further examination and evaluation of the Veteran's service-connected disabilities, including a potential recharacterization as TBI residuals.

The Board has remanded the case for further development and consideration of whether a TDIU should be granted on an extraschedular basis prior to March 7, 2008.

The Veteran's claims for higher ratings were denied as there was no evidence of an area or areas of 144 square inches (929 sq. cm.) or greater for the left knee scar, and his other conditions did not meet the criteria for increased disability ratings.

The Veteran's claim for an earlier effective date for the grant of service connection for postsurgical scar excision/high grade myxofibrosarcoma of the right thigh is denied.,Service connection for pulmonary emphysema, due to presumed exposure to herbicide agents during service in Vietnam, is denied.,The Veteran's mandible dislocation is found to be related to his active service, including presumed exposure to herbicide agents.

The Veteran's cervical scar is rated at 10 percent under DC 7804 and a separate rating of 30 percent under DC 7800 for the presence of two characteristics of disfigurement. The Board has granted these ratings.

The Board has remanded the cases for further development and clarification of medical opinions regarding the Veteran's service-connected conditions, including coronary artery disease, coronary artery bypass graft scar residuals, right lower extremity diabetic peripheral neuropathy, and left lower extremity diabetic peripheral neuropathy.

The Veteran withdrew her appeals for the issues of entitlement to a compensable disability rating for hallux valgus, right foot; hallux valgus, left foot; and entitlement to a compensable disability rating for uterine fibroids status post myomectomy with residual scar prior to March 6, 2019, and in excess of 30 percent thereafter.

The Board has remanded the case due to uncertainty regarding the impact of the Veteran's service-connected bilateral dry eye syndrome on his other eye conditions, including cataracts, macular scar, pinguecula, arcus senilis, and glaucoma. The case will be returned for further development.

The Board has dismissed all pending appeals due to the Veteran's withdrawal of his claims.

The Board denied a rating in excess of 10 percent for the Veteran's service-connected lichen simplex chronicus with scarring, finding that his condition did not meet criteria for higher ratings based on exposure or other factors. The current rating is appropriate given the Veteran's symptoms and treatment.

The decision denies additional attorney fees as a result of past due benefits awarded in the November 24, 2014 rating decision for service connection for PTSD, scar of the cervical spine, and tension headaches, along with grants of SMC-HB and TDIU.

The Veteran does not have a current diagnosis of an acquired psychiatric disorder other than PTSD, and his nose injury residuals are unrelated to service.,The preponderance of the evidence shows that the Veteran's COPD is not related to service.,The preponderance of the evidence shows that the Veteran’s cervical spine (neck) disability is not related to service.,The preponderance of the evidence shows that the Veteran’s lumbar spine (low back) disability is not related to service.,The preponderance of the evidence shows that the Veteran’s rheumatoid arthritis is not related to service.,The preponderance of the evidence shows that the Veteran does not have a current diagnosis of acute febrile illness, and his left lower extremity scarring due to MRSA infection is not related to service.,The preponderance of the evidence shows that the Veteran’s sleep disability (OSA and chronic insomnia) is subsumed under his service-connected PTSD diagnosis.

The Board has remanded the Veteran's appeal for additional development due to a procedural error, including securing relevant VA examinations that were not submitted by the Veteran but rather secured by the AOJ. The AOJ must consider this evidence and provide the Veteran and his attorney an opportunity to respond before appellate consideration.

The Veteran's service connection for a left eye condition, including left-eye corneal scarring, is granted. The Board also remanded the issue of an initial rating in excess of 10 percent for tendonitis of the left ankle.

The Board has decided that the Veteran does not have a current right ear hearing loss disability for VA purposes, and therefore service connection is denied. The remaining issues on appeal are remanded for further development.

The Veteran's claims for service connection have been granted, with effective dates of May 21, 2018. The RO also assigned a disability rating of 40 percent for mechanical low back pain with lumbosacral strain, degenerative joint and disc disease of the lumbar spine, and intervertebral disc syndrome.

The Veteran's claims for service connection for sciatica of the left lower extremity and residual lumbar scar associated with intervertebral disc syndrome were denied as there was no communication prior to July 31, 2012 that could be reasonably construed as a claim of entitlement to benefits.

The Board has determined that there is insufficient information to make a determination on the initial compensable ratings for neck and abdominal/thigh scars, as well as the increased rating for left ankle fracture disability. The claims are being remanded for further development.