Scars decisions — 2020

The Board has granted a 10 percent rating for the post-operative arthroscopic left knee scar, finding that it is painful and meets the criteria under Diagnostic Code 7804. The Veteran does not meet the criteria for higher ratings under other applicable diagnostic codes.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation from August 31, 2010 to May 31, 2012. The Board granted the TDIU rating for this period.

The Veteran's TDIU claim is granted due to his service-connected disabilities precluding substantially gainful employment.,Service connection for hearing loss is denied as the Veteran does not have a current disability in accordance with VA compensation criteria.

The Board has found that there has not been substantial compliance with the July 2019 remand directives and has therefore ordered further development to verify the Veteran's periods of reserve service and service in the Air National Guard of Massachusetts, including ACDUTRA and INACDUTRA, to include February 12, 1970. The Board also ordered an addendum medical opinion from the January 2020 VA examiner or a suitable substitute regarding the relationship between any identified eye disability and exposure to ammunition, nitrates, gun powder, and/or solid propellants during service.

The Veteran's PTSD, scar, and radiculopathy conditions are not rated higher than the current assigned ratings. The effective date for Dependents' Educational Assistance (DEA) eligibility is granted.

The Board denied service connection for a heart condition and a left leg injury, finding no current disability related to the Veteran's claimed conditions during the appeal period.

The Board denied service connection for a lumbosacral spine disability and denied an earlier effective date for TDIU. The Veteran's lumbosacral spine disability is not related to active service or her service-connected right foot disability, and she was found employable prior to October 19, 2015.

The Board has remanded several issues related to the Veteran's cervical spine, right hip, left hip and left knee disabilities for additional development. The Veteran is also entitled to a rating in excess of 20 percent for his left hip disability (limitation of abduction) from November 26, 2019.

The Veteran's service-connected disabilities (small cell lung cancer with asbestosis, esophageal cancer, and left neck scar) prevent him from obtaining and retaining substantially gainful employment. The Board granted a total disability rating based on individual unemployability (TDIU).

The Veteran's sleep apnea is granted service connection. An increased rating of 50 percent for chronic headache disorder is granted effective January 31, 2018. The Veteran's discoid lupus erythematosis and scarring alopecia are each granted an increased rating since specific dates. TDIU due to service-connected disabilities is also granted.

The Veteran's service-connected disabilities, including ischemic heart disease and major depressive disorder, rendered him unable to secure or follow a substantially gainful occupation prior to February 5, 2020. The TDIU claim is remanded due to the pending appeal for service connection of MDD.

The Board denied the Veteran's claim for service connection for residuals of a left eye injury, finding that there was no evidence of an in-service injury to the left eye and that any current eye disorders are not related to service.

The Veteran's thyroid disability, which preexisted his third period of service from 2005-2006, is being remanded for a VA examination to determine if it was permanently aggravated during this time.,The Veteran's abdominal scar, post hernia repair, is also being remanded for a VA examination to determine if an increased rating is warranted.

The Veteran's service-connected disabilities render him in need of regular aid and attendance, warranting special monthly compensation based on aid and attendance.

The Board has remanded the claim for further development due to insufficient medical evidence regarding the Veteran's scarring and associated muscle and nerve impairment.

The Board has remanded the case due to uncertainty in the effects of the Veteran's service-connected disabilities on his need for regular aid and attendance. A new medical opinion is required.

The Board has remanded the Veteran's claims for service connection and increased ratings due to insufficient evidence, including a need for VA examinations.

The Veteran's right knee disability is currently rated at 30 percent from March 1, 2020. The Board has found that a higher rating is not warranted for the period prior to January 2, 2019 due to lack of more than slight instability and limitation of extension. For the period after March 1, 2020, the Veteran's right knee disability is rated at 30 percent under DC 5055.

The Board has decided to remand the case due to an incomplete VA eye examination, requiring additional development and a new opinion regarding the Veteran's visual field defects.

The Veteran's appeal for initial compensable ratings for a right inguinal hernia and a right inguinal hernia scar was dismissed due to the death of the Veteran.