Scars decisions — 2020

The Veteran's claims for higher ratings on several service-connected conditions, including right knee arthroscopy with chondromalacia, right knee scar status post arthroscopy, left knee osteoarthritis, bilateral hearing loss, and obstructive sleep apnea (OSA), are remanded due to a duty-to-assist error. The TDIU claim is also remanded as it is inextricably intertwined with the other claims.

The Veteran's headaches were rated at 30 percent prior to October 30, 2019 and granted a 50 percent rating thereafter. The Veteran is not entitled to an earlier effective date for TDIU or DEA benefits.

The Veteran's left inguinal hernia is rated at a 30 percent rating effective March 10, 2014. The claim for higher evaluation of the painful scar and TDIU are denied.

The Veteran's claim for a compensable rating for bilateral hearing loss from April 25, 2019 to July 24, 2019 was denied as the Veteran failed to report for a VA examination scheduled in conjunction with his claim.,The Veteran's claim for a compensable rating for scars, status-post left knee arthroscopy for the period from April 25, 2019 to July 24, 2019 was denied as there were no other disabling effects not considered under Diagnostic Codes 7800-04.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on aid and attendance or housebound status due to his inability to require regular aid and assistance, nor is he permanently housebound by reason of his service-connected conditions.

The Veteran's postoperative residuals of left foot neuroma removal and left foot scar disorder have been rated at the minimum compensable levels. The Board has found that remand is necessary to ensure proper consideration of his claims.

The Board has remanded the issues of right knee instability and right knee surgical scars status post meniscectomy for further adjudication due to inconsistencies in the effective dates assigned.

The Veteran's TDIU claim for the period prior to May 25, 2012 is denied because he was employed full-time until that date and did not meet the criteria for a TDIU due to his service-connected disabilities.

The Board has decided to remand the case due to insufficient information regarding whether a truss was used for the service-connected right inguinal hernia and the current status of the scar.

The Veteran's claims for higher ratings on multiple scars of the left thigh/leg, knee, and left heel with keratosis are remanded due to insufficient examination findings.,The Veteran's claims for residuals of left femur fracture and right femur fracture require a new VA examination as per Sharp v. Shulkin.

The Veteran's TDIU claim is granted due to the combined effects of his service-connected disabilities. The claims for a chronic skin condition, diabetic retinopathy, coronary artery disease, and peripheral neuropathy are withdrawn.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including initial compensable ratings for various conditions and service connection for a right knee disability. The AOJ is required to obtain updated VA treatment records, schedule new VA examinations, and issue an SSOC.

The Veteran's service-connected scar, status post-surgical excision of pilonidal cyst at lower back, is granted a 10 percent evaluation.

The Board has remanded the case due to a failure to obtain records from Darnall Army Medical Center, which may contain information relevant to the Veteran's claims of service connection for right arm ulnar nerve damage, carpal tunnel syndrome, and scarring.

The Veteran's claim for an increased rating for loss of use of the right upper extremity was denied, but his claim for special monthly compensation based on aid and attendance (A&A) was granted.

The Veteran's appeal is remanded due to the need for a VA examination regarding his left arm arteriovenous fistula. The initial rating for the left wrist surgical scar remains granted at 20 percent.

The Veteran's SMC based on the need for regular aid and attendance of another person is denied as he does not require such assistance due to service-connected disabilities.

The Board has remanded the Veteran's claim for service connection for a bilateral eye disorder due to incomplete examination and missing treatment records. The Veteran is entitled to another hearing with the panel of Veterans Law Judges.

The Veteran's right breast scar is granted a 10 percent rating, effective prior to February 18, 2020. For the period starting February 18, 2020, the claim for a higher rating is denied. The issue of TDIU is moot due to the Veteran's total disability rating for schizoaffective disorder. SMC at the housebound rate is also denied.

The Board has remanded the case due to inadequate medical opinion, and a new one must be obtained.