Scars decisions — 2020

The Veteran's service-connected disabilities render her unable to secure or follow a substantially gainful occupation, and the Board has granted TDIU.

The Board has found the July 8, 2017 Notice of Disagreement (NOD) timely and remanded several issues related to service-connected disabilities including TDIU, DEA benefits, right total knee replacement rating, hypertension rating, right knee scar rating, left knee scar ratings, and SMC.

The Veteran's nerve damage of the right knee is not service connected, and his right knee scars do not meet criteria for a compensable rating under Diagnostic Code 7805. The case is remanded due to insufficient evidence on these issues.

The Veteran's bilateral hearing loss is rated at 10 percent, effective February 1, 2017.,The Veteran meets the criteria for a TDIU due to his service-connected disabilities.

The Board has remanded the claims for service connection due to new and material evidence having been received. The issues of PTSD, an acquired psychiatric disorder (including PTSD and anxiety disorder), sleep disorder, TBI, head scar, and skull disorder are now pending.

The Board has remanded the claims for chronic left Achilles tendonitis, residuals of pneumonia with left lower lung scar and COPD, and TDIU due to missing private records from Kaiser Permanente. The Appellant must be notified about the availability of these records.

The Veteran's service-connected disabilities have rendered her unable to secure and follow a substantially gainful occupation, resulting in the grant of TDIU. The claims for respiratory disorder and sleep apnea are remanded due to insufficient evidence.

The Veteran's claims for increased ratings and earlier effective dates are being remanded. The effective date for the award of service connection for anterior neck scar is set at September 15, 2011.

The Veteran's anterior chest and left lower extremity scars associated with his coronary artery bypass graft were granted a rating of 10 percent prior to December 29, 2016. Since then, the scars have not been painful or unstable, so no higher rating is warranted.

The Board has determined that the Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation prior to December 7, 2010.

The Board has remanded the Veteran's claims for liposarcoma, its secondary effects on his scar and cervical spine, and a temporary total evaluation due to hospitalization or convalescence. The deck logs from USS Forrestal (CV-59) need to be obtained and reviewed to determine if there were fuel leaks during the Veteran's service that could support his claim of exposure to jet fuels. A new VA opinion is needed regarding whether liposarcoma is related to this exposure, and another VA opinion is needed on whether the secondary conditions are at least as likely as not due to or aggravated by liposarcoma.

The Board has remanded the issues of service connection for Raynaud's syndrome, lumbar spine disability, right hip disability, and left hip disability due to insufficient development.,Service connection was denied for Raynaud's syndrome as there is no current diagnosis or functional impairment attributable to pain in both hands at any time since separation from service.

The Board has remanded the Veteran's claims for diabetes mellitus, right ear hearing loss, and service connection due to lack of current diagnoses or evidence supporting a positive nexus. The Veteran will need to undergo additional examinations to determine his current conditions and their etiology.

The Board has remanded the cases of a rating in excess of 20 percent for the residuals of a fracture of the left patella and total disability based on individual unemployability (TDIU) due to incomplete development.

The Veteran's claim for eligibility for specially adapted housing and financial assistance for automobile or other conveyance and adaptive equipment, or for adaptive equipment only is granted. The claim for a special home adaptation grant is dismissed due to the addition of new VA treatment records since the last SSOC was issued in April 2020.

The Veteran's PTSD has been granted an initial rating of 70 percent, effective September 4, 2014. A total disability rating due to individual unemployability is also granted from September 4, 2014.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaption grant due to his inability to demonstrate permanent and total disability as defined by VA regulations.

The Board denied the Veteran's claim for service connection for an anthrax scar, finding that he only has one scar associated with his smallpox vaccination and not a separate scar from his anthrax vaccination.

The Veteran's IHD, cervical spine degenerative arthritis and associated neck scars, bilateral upper extremity radiculopathy, and TDIU were granted effective January 27, 2017.,SMC at the housebound rate was not granted due to lack of additional service-connected disabilities independently ratable at 60% or more.

The Board denied the Veteran's claims for service connection for swelling and blisters of her left and right feet, as well as a compensable rating for her laparotomy scar. The evidence did not support finding that these conditions began during active service or were related to an in-service injury.