Scars decisions — 2020

Service connection is granted for a scar tissue mass/hematoma of the right upper posterior thigh.,Service connection is denied for patellofemoral pain syndrome of the right knee and bilateral foot disability, as well as headaches.

The Board has remanded the case for an addendum opinion regarding whether the Veteran is in need of aid and attendance due to his service-connected disabilities, including considering his service-connected PTSD, diabetic peripheral neuropathy, and shell fragment wounds.

The Veteran withdrew his appeal of the claim for service connection for a scar on his right foot before the Board could make a decision.

The Veteran's petition to reopen his previously denied claim for service connection of bilateral hearing loss was granted. The issue of a compensable disability rating for the left knee scar, post-cyst removal, is still pending and remains denied. The Veteran's claim to reopen his previously denied claim for service connection of bilateral hearing loss has been successful.

The Veteran's tinnitus and scar on the right thigh have been granted service connection, with a 10% rating for the scar.

The claim for a higher rating for the service-connected left knee replacement with scars is denied as it cannot be rated higher than 60 percent. The claim for SMC based on loss of use of the left foot is also denied.

The Board has remanded the claim for further development due to incomplete information regarding the Veteran's education and work experience, particularly during the period relevant to the TDIU claim. The appellant is asked to provide a detailed statement of the Veteran’s business activities and income from these activities in each year between 2008 and 2014.

The Veteran's claim for a higher rating for prostate cancer residuals is denied as the evidence does not show that he requires an appliance or absorbent materials requiring change more than four times per day.,The Veteran's claims for service connection for bilateral hearing loss and tinnitus are remanded due to inadequate examination findings.

The Board has found that the Veteran does not have a current diagnosis or symptoms for cervical spine disability, lumbar spine disability, skull condition, deviated septum, jaw scar and forehead scar. Therefore, service connection is denied for these conditions.

The Veteran's appeal is remanded for a new VA examination to assess the severity of his service-connected old partial retinal detachment and chorioretinal scar of the right eye, and for issuance of a statement of the case regarding the effective date issue.

The Veteran's appeal for increased ratings on her service-connected scars of the abdomen, bursitis, lumbar spine disability, and cervical spine disability is remanded due to new evidence. An earlier effective date of August 26, 2009, for the 20 percent rating assigned for abdominal scars is granted.

The Veteran's claim for service connection for sleep apnea is denied as there is no current diagnosis of the condition.,The Veteran's claim for service connection for dizziness (secondary to migraines) is denied as there is no current diagnosis of a separate dizziness condition.

The Veteran's claim for service connection for a painful scar on his scrotum, which he claims is from testicular surgery during service, was granted. The Veteran's claim for service connection for athlete’s foot was remanded due to the need for further development.

The Board has remanded the issues of entitlement to increased ratings for instability and strain in the right knee due to inconsistencies with previous examinations and lack of medical explanation for improvement.

The Board has determined that the Veteran should receive a VA right hip examination to determine the current symptoms, level of severity, and functional impairment associated with his right hip disability. The Veteran also needs a VA mental health examination to determine whether it is at least as likely as not (50 percent probability or greater) that any current psychiatric disability had its onset during service or is otherwise related to an in-service injury, event, or disease.

The Veteran's cervical spine disability is granted as service-connected.,Service connection for sleep apnea is denied.,Service connection for kidney cancer is denied.,Service connection for head scar is denied.,Major depressive disorder is granted as service-connected.

The Board has decided to remand the claims for alopecia and rear head scar as there is insufficient clarity in the medical evidence regarding the nature of the Veteran's alopecia, which may be a congenital defect or disease. The decision also notes that the service connection claim for the rear head scar must be deferred due to its interrelatedness with the alopecia claim.

The Veteran's keloid disability, resulting from a thyroidectomy performed by VA in July 2009, is considered to be the result of carelessness or negligence on the part of VA. The Board finds that the evidence is at least in equipoise as to whether the Veteran was properly informed about the risk of forming a keloid and thus grants compensation under 38 U.S.C. § 1151.

The Veteran's right knee sprain with instability is rated at 10 percent, effective August 17, 2012.,A separate noncompensable rating for the scar of the right thigh due to surgical removal of hematoma remains in place.

The Board has decided to remand the cases for additional development and clarification of certain records, as well as a new VA opinion regarding the etiology of the Veteran's knee disabilities.