Scars decisions — 2020

The Veteran's service-connected disabilities, including migraine headaches and major depressive disorder, are not sufficient to qualify for a TDIU due to his failure to submit the required VA Form 21-8940.

The Veteran's service treatment records contain in-service biopsies of breast growths and she reported pain and scarring due to her active service. However, no VA examiner has provided an opinion on whether the Veteran’s bilateral breast condition is related to her military service.,Service treatment records indicate the Veteran was treated for excessive vaginal bleeding and cervical polyps during service. She underwent surgery in 2010 which revealed uterine hypertrophy with intramural leiomyomata. The VA examiner opined that the Veteran's condition pre-existed service and is not related to her active service.

The Board dismissed all issues of service connection for various conditions as secondary to Raynaud syndrome due to the Veteran's death.

The Board denied a claim for an increased disability rating for the Veteran's service-connected scar, residual of removal of tumor in the right parotid area, right neck, finding that it did not meet the criteria for a higher 50 percent rating due to lack of visible or palpable tissue loss and either gross distortion or asymmetry of two features or paired sets of features.

The appeal for service connection for squamous cell carcinoma, scars, stapedectomy right ear, chronic irritation to lower left eyelid, in-situ cancer, atypical fibroxanthoma, ulcerative colitis, and pin worms is dismissed. The issue of service connection for ulcerative colitis is remanded.

The Veteran's hypertension is granted an initial disability rating of 10 percent, but no higher. The right wrist scar issue is remanded for further evaluation.

The Veteran's claims for service connection of right-hand, right knee, left knee, and left shoulder disabilities are remanded due to insufficient evidence. The Board will seek additional medical opinions to determine if these conditions are related to his military service.

The Board denied the Veteran's claims for service connection for left knee disability, right knee disability, and right knee scar, status post knee replacement due to lack of evidence showing a nexus between these conditions and his military service or any service-connected disabilities.

The Veteran's claim for a higher rating for his post-operative scar behind the left ear is granted, with an initial 10 percent rating.

The Veteran's claim for a compensable rating for bilateral hearing loss is denied.,The Veteran's claim for an increased rating in excess of 0 percent prior to August 2, 2018, and in excess of 10 percent thereafter for his corneal scars and right eye traumatic cataract is denied. The Veteran was granted a 10% rating effective from August 2, 2018.,The Veteran's claim for TDIU prior to March 21, 2013 is denied as he did not meet the disability rating percentage threshold.

The Board denied the Veteran's requests for an earlier effective date for the awards of total disability based on individual unemployability (TDIU) and Dependents’ Educational Assistance (DEA). The effective dates were set at February 21, 2014.

The Veteran's claim for service connection for bilateral hearing loss is denied as there is no evidence of a current disability.,The Veteran's claim for service connection for tinnitus is granted, with the Board finding that his tinnitus began during active service and is related to military noise exposure.,The Veteran's claims for service connection for left eye disability (including retina, scarring, atrophy, or irregularities of, eye disease, vision, and visual impairment) are denied as there is no evidence linking these conditions to service.,The Veteran's claim for service connection for low back disability is denied as there is no evidence suggesting the condition began in or is related to his military service.,The Veteran's claim for service connection for bilateral plantar fasciitis is granted, with the Board finding that it is etiologically related to service.

The Board denied the Veteran's claims regarding recognition of statements as timely NODs and entitlement to attorney fees, finding that the statements were not filed within 60 days of the July 10, 2017 decision.

The Veteran's squamous cell carcinoma of the tonsils is granted. The claims for service connection for secondary conditions are remanded due to a lack of medical opinion.

The Board has ordered additional VA treatment records and a completed VA Form 21-4142 for non-VA eye care to be obtained, as these are necessary for proper evaluation of the Veteran's right eye corneal scarring claim.

The Board has decided to remand the case for a VA opinion regarding whether the Veteran's service-connected disabilities can be classified as residuals of organic disease or injury, which could affect his eligibility for SAH.

The Veteran's initial compensable rating for loss of the right testicle is denied, and his TDIU is also denied.

The Board has reopened the claim for service connection for the cause of death due to new and material evidence. However, it was denied as there is no evidence showing that the service-connected disabilities caused or contributed substantially or materially to the Veteran's death.

The Board denied service connection for a bilateral eye disorder and dismissed the appeals for temporary total disability rating and TDIU due to lack of evidence linking the condition to service or service-connected conditions.

The Veteran's chest keloid scar is rated at 10 percent under Diagnostic Code 7804, which considers painful scars. His coronary artery disease is currently rated at 30 percent under Diagnostic Code 7005.,Both issues are being remanded for further evaluation.