Scars decisions — 2020

The Veteran's claims for service connection for sleep apnea and tinnitus were denied, while the claim for a respiratory disability was also denied. The Veteran was granted a 60 percent rating for his stomach disability from October 28, 2014 to February 7, 2017, but this rating is subject to regulations governing monetary benefits.,The Veteran's claims for increased ratings for the stomach disability and BHL were denied. The stomach disability claim was remanded.

The Veteran has been rendered unable to obtain or retain substantially gainful employment due to his service-connected disabilities since June 10, 2015.

The Board denied a compensable disability rating for the Veteran's right knee scar, finding that there were no other disabling effects not considered in ratings provided under Diagnostic Codes 7800-04.

The Board has remanded the claims for higher ratings for service-connected parotidectomy residuals and scar residuals due to insufficient examination reports and need for additional development.

The Veteran's keloid scars are residuals of his shaving condition, which is etiologically related to his time in service. The Board has granted the claim for service connection.

The Board has granted a 30 percent disability rating for the facial scar disability from December 19, 2012 to October 23, 2019. The appeal for higher ratings is denied.

The Veteran's claim for service connection for ataxia was remanded, and the RO granted service connection for orthostatic hypotension. The Board finds that this satisfied the Veteran’s claim for service connection for ataxia. The issue of SMC based on aid and attendance is now remanded due to new evidence indicating the need for regular aid and assistance.

The Veteran's coronary artery disease and ischemic cardiomyopathy are granted as service connected due to herbicide exposure. The claims for hypertension, right arm scar, and right ear hearing loss are remanded.

The Veteran's claims for higher ratings for his service-connected disabilities are remanded due to the need for additional examinations and development of the record.

The Veteran's claim for a higher disability rating for residuals, shrapnel wound left leg with damage to muscle group XII was denied. The Veteran also received an initial 10 percent disability rating for residual scars associated with the same condition as of October 1, 2019.

The Veteran's service-connected disabilities have effectively resulted in the permanent loss of use of her bilateral lower extremities, requiring her to use a cane for ambulation. The Board has granted specially adapted housing benefits based on this finding.

The Veteran's appeals for increased ratings were denied as a matter of law due to his failure to report for VA examinations.

The Board has dismissed the appeals for bilateral hearing loss, tinnitus, and PTSD. The claims of entitlement to an initial rating in excess of 10 percent for left foot metatarsalgia and an initial compensable rating for left foot scars are being remanded.

The Veteran's appeal is remanded for additional development, including obtaining missing medical records and scheduling VA examinations to assess the severity of his service-connected conditions.

The Veteran's appeal is dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this appeal.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that his service-connected conditions did not render him unable to obtain or maintain substantially gainful employment.

The Veteran's claims for service connection and increased ratings for various shoulder, back, and foot disabilities have been denied. The Board found no current right elbow disability, and the right and left shoulder disabilities do not meet criteria for higher ratings under Diagnostic Code 5201. For the lumbar spine and cervical spine disabilities, the evidence did not show ankylosis or incapacitating episodes as required for higher ratings. The abdominal scar has not been manifested by disabling effects.

The Veteran's appeal for an increased disability rating for a right wrist condition has been dismissed due to the death of the Veteran.

The Veteran's appeals for increased ratings for depressive disorder and left knee scar were denied. The Board found that the evidence did not support a rating in excess of 50 percent for the depressive disorder prior to December 19, 2019 or a rating in excess of 70 percent since then. For the left knee scar, no compensable rating was assigned as the scars were not painful or unstable and did not affect an area greater than 39 square centimeters.

The Veteran's diabetes mellitus type II was rated at 20 percent prior to January 12, 2017 and increased to 40 percent from January 12, 2017 to November 1, 2018.,From November 1, 2018 onwards, the Veteran's diabetes mellitus type II is rated at 40 percent.