Scars decisions — 2020

The Board denied a separate rating for painful chewing and limitation of motion of the head and neck as disabling effects of a surgical scar, finding that these symptoms are not specifically attributable to the Veteran's service-connected surgical scar.

The Board has remanded several claims for further action, including those related to the Veteran's left knee scar, right ring finger fracture, prostate cancer, and service connection for a low back condition. The claims are being reviewed due to new evidence submitted by the Veteran.

The Veteran's claim for service connection for PTSD has been granted. The appeal for increased ratings in several other conditions, including bilateral hearing loss and varicose veins, is being remanded.

The Veteran's appeal for a higher rating was denied. He received an initial compensable (10%) rating prior to November 26, 2019, and his claim for a higher rating since then was also denied.

The Veteran's service-connected disabilities, including PTSD, low back disability, neck disability, right shoulder degenerative arthritis, peripheral neuropathy, and dermatitis, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU effective the date after his last day of work.

The Board dismissed all appeals seeking service connection for various conditions, including PTSD, allergic rhinitis, anemia with vitamin D deficiency, and other medical issues. The appeal was dismissed due to the Veteran's death.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation consistent with his education and work history, resulting in the denial of his TDIU claim.

The Veteran's service-connected disabilities prevent him from securing or following substantially gainful employment, and the Board has granted a TDIU based on this.

The Veteran withdrew his appeal in July 2020, indicating satisfaction with the decision.

The Veteran's appeal for a TDIU is denied as she has been in receipt of a combined schedular rating of 100 percent since January 26, 2017. The Board also remanded several issues related to her service-connected foot disabilities due to the need for additional development.

The Veteran's claim for a restored rating of 10% for his left shoulder scar is granted. The claim for service connection for sleep apnea has been reopened, and the issue remains pending. Service connection for neck disorder (cervical pseudoarthrosis and cervical spine arthritis) as secondary to left shoulder disability is granted. Service connection for cervical radiculopathy on the left side as secondary to the neck condition is also granted. The claims for service connection for hypertension and diabetes mellitus, type II are denied.

The Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, and the Board has granted entitlement to TDIU effective April 1, 2013.

The Veteran's service-connected lumbar spine degenerative disc disease with grade I spondylolisthesis and a lumbar scar do not meet the criteria for special monthly compensation (SMC) based on the need for regular aid and attendance or housebound status.,The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing.

The Veteran's claims for increased ratings and TDIU prior to February 4, 2016, were denied. The fracture of the left humerus was rated at 20 percent, while the scar on the left anterior humerus was rated at 10 percent.

The Veteran's service-connected disabilities rendered him unemployable prior to January 15, 2016. As of that date, his combined rating was at least 70 percent and he received a TDIU due to the severity of his conditions.

The Veteran's right forearm scar is granted a 10% disability rating effective December 4, 2017.,Service connection for left ear hearing loss and tinnitus are both granted. The service connection for type II diabetes mellitus as secondary to herbicide-agent exposure is also granted.,A compensable disability rating for the right forearm scar prior to December 4, 2017, is denied.

The Board denied the Veteran's claim for a total disability rating on individual unemployability (TDIU) due to service-connected disabilities, finding that his service-connected conditions do not preclude all substantially gainful employment for which his education and occupational experience would otherwise qualify him.

The Veteran's bilateral eye disability, including right eye epiretinal membrane and chorioretinal scars, glaucoma, and bilateral pseudophakia (cataracts), was granted a 60 percent rating effective November 2, 2018. The decision also addressed the Veteran’s cervical spine disability.

The Board has found that the VA examinations were inadequate for rating purposes and remanded the case for further development. The issues of entitlement to separate ratings for right knee lateral aspect scar, left knee lateral instability, and right knee lateral instability are all being remanded.

The Veteran's TDIU claim from August 1, 2014 is granted. The Board also dismissed the issues of increased ratings for lumbar strain post-operative fusion and radiculopathy of the right lower extremity associated with the lumbar spine disability.