Scars decisions — 2020

The Board has determined that the Veteran no longer meets the criteria for SMC based on housebound status due to service-connected disabilities, and thus discontinuance of SMC benefits is proper.

The Veteran's earlier effective dates for service connection are granted for Erectile Dysfunction, SMC based on loss of use of a creative organ, and Surgical Scar Post Radical Prostatectomy. However, the appeal to assign a permanent and total disability rating for prostate cancer is denied.

The Veteran's initial compensable rating for right groin scar is denied as the scar does not meet the criteria for a higher rating under DC 7802 or 7804.,The Veteran's noncompensable rating for hernia, inguinal, right, operated is denied because it does not meet the criteria for a compensable evaluation under DC 7338.

The Board has remanded the claims for service connection due to a failure to ensure that VA's duty to assist was satisfied. Specifically, the Veteran’s in-service injuries resulting from a motorcycle accident on August 11, 1990 are at issue and medical evidence of treatment immediately after the accident is relevant.

The Board denied the Veteran's claims for service connection for scars resulting from multiple contusions and lacerations, other than those affecting his left knee. The claim for an initial rating in excess of 20 percent for degenerative arthritis of the lumbar spine was also denied. However, a separate rating of 10 percent for radiculopathy of the left lower extremity as of July 13, 2015, was granted.

The Veteran's service-connected disabilities, including his sleep apnea and psychiatric conditions, have rendered him unable to secure or follow a substantial gainful occupation since October 1, 2010.

The Board has determined that the Veteran's service-connected disabilities, including his right knee joint replacement and scar, have rendered him unable to secure or follow a substantially gainful occupation. Therefore, entitlement to a TDIU is granted.

The Veteran's claim for an earlier effective date prior to June 23, 2016 for a 20 percent rating for herpes simplex keratitis and residuals is denied.,The Veteran's claim for an increased rating in excess of 20 percent for herpes simplex keratitis with residuals is denied.

The Veteran's claims for increased ratings are remanded due to the need for additional examinations and consideration of his employment status.

The Veteran's claims for increased ratings for service-connected scars status post-basal cell carcinoma surgery and painful scars status post-basal cell carcinoma surgery are being remanded due to the need for proper notification of scheduled VA examinations.

The Veteran's claims for increased ratings and service connection were denied. The left inguinal hernia hydrocele and orchiopexy, left inguinal hernia scar, right hip disorder, left ankle disorder, right knee disorder, RUE CTS, and LUE CTS have all been denied.

The Board has determined that additional examinations are needed to assess the current severity of the Veteran's left index finger scars and to determine the etiology of his bilateral hearing loss, hypertension, GERD, and obstructive sleep apnea. The claims for increased ratings and service connection are being remanded.

The Veteran's service connection claims for right eye condition, BPH, stomach condition, and bilateral pes planus are being remanded due to the need for additional medical opinions. The residual scar on his left leg is granted.

The Veteran's service-connected left hand disability, diagnosed as left ulnar neuropathy due to nerve damage from an in-service laceration, is granted a 30 percent evaluation for the entire period on appeal.

The Veteran's appeals for service connection on multiple conditions have been dismissed due to his withdrawal of the appeal.

The Veteran's initial rating for a surgical midline abdominal scar is denied as it does not meet the criteria for a higher than 10 percent rating. The Board found that the scar was painful but not unstable and did not result in any limitation of motion.

The Board denied the Veteran's claims for special monthly compensation (SMC) based on the need for regular aid and attendance of another person or by reason of being housebound due to his service-connected disabilities. The evidence did not show that he required A&A or was permanently confined to his home.

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

The Board has decided to remand the Veteran's claims for lumbar myofascial strain and right eye macular scar due to evidence of worsening since his last VA examinations. The Veteran is also encouraged to submit a formal application for service connection for secondary disabilities, such as headaches and anxiety.

The Veteran's appeals for service connection have been withdrawn. The Board has also remanded several issues, including those related to traumatic brain injury, urinary incontinence, and right hip disability.,Issues such as service connection for TBI, urinary incontinence, and right hip disability are now pending before the Board.