Scars decisions — 2020

The Board has granted an effective date of January 1, 2004 for the grant of a TDIU based on the Veteran's service-connected disabilities making him unable to secure or follow substantially gainful employment since that date.

The Board has remanded the Veteran's claims for service connection for bilateral hearing loss disability, initial ratings for left and right knee disabilities, and TDIU due to incomplete examination reports and lack of addressing certain aspects in previous examinations.

The Board denied the Veteran's request for an equipment purchase of an adjustable king or queen size bed and ergonomic chair through the Vocational Rehabilitation & Employment (VR&E) program, finding that such purchases were not necessary to achieve his independent living goal.

The Board has remanded the Veteran's claims for increased ratings and entitlement to a total disability rating based on individual unemployability due to service-connected disabilities. The issues are being remanded for additional development, including obtaining a retrospective VA assessment of the cumulative impact of his service-connected disabilities on his ability to perform the duties associated with his former career as a truck driver.

Service connection for bilateral tinnitus is granted.,The Veteran's right lower extremity scar is not rated higher than 10 percent, as the evidence does not support a finding of instability or pain.

The Board has remanded the case due to inadequate addendum opinion regarding the Veteran's service-connected disabilities and their impact on his employment.

The Veteran's degenerative arthritis of the left ankle is rated at a 20 percent disability rating, and his left ankle surgical scar is rated at a noncompensable (0%) disability rating.

The Board dismissed the appeals for initial evaluations in excess of 20 percent and 30 percent for scars, service connection for obstructive sleep apnea (OSA), and service connection for lumbar spine disorder due to the death of the appellant.

The Board has remanded the case for further development to obtain informed consent records related to the Veteran's August 2017 right ankle fusion procedure. The issues of entitlement to an initial compensable evaluation of right foot scars, entitlement to a temporary total evaluation from June 1, 2018, for right ankle strain status-post fusion, and entitlement to special monthly compensation at the 's' rate are all pending.

The Veteran's hypertension, asthma, right and left knee disabilities, and leg scars are not service-connected as they did not develop during or as a result of his military service.,Service connection for the Veteran’s claimed conditions is denied.

The Veteran's initial claim for a disability rating in excess of 50 percent for total abdominal hysterectomy was denied.,The effective date for the grant of service connection for benign leiomyomas, previously rated as a scar and FSAD associated with total abdominal hysterectomy, is not earlier than March 29, 2018.

The Board denied all claims for earlier effective dates, finding that the earliest date of receipt of a claim was November 27, 2012.

The Board has remanded the claims for left ankle disability, left ankle scar, left knee disability, left hip disability, right shoulder disability, and cervical spine disability due to insufficient evidence regarding their etiology.

The Veteran's appeal for an increased rating for scars on the left femur has been dismissed due to his death. The Board had no jurisdiction to proceed with the case as he died during the pendency of the appeal.

The Veteran's claim for a higher rating for his service-connected left knee laceration scar is granted from December 11, 2018.,An earlier effective date prior to August 21, 2014 for the award of a 10% rating for residuals fracture of the second and third toes of the left foot is denied.

The Board denied a rating in excess of 10 percent for lateral collateral ligament strain of the right ankle from September 12, 2016. The Veteran was granted a ten percent rating for status post right fasciotomy with scar prior to September 12, 2016.

The Veteran's appeal for a compensable disability rating for his service-connected left hand skin graft scar has been dismissed as the Veteran withdrew all claims on appeal prior to the Board making a decision.

The Board denied the Veteran's request to revise a March 1975 rating decision on the basis of clear and unmistakable error (CUE), finding that there was no clear intent to file a claim for a psychiatric disability, and that the medical evidence did not support such a claim. The decision also found that the VA doctor did not err in failing to diagnose a psychiatric condition.

The Veteran's abdominal scar was granted a separate 10 percent rating effective August 8, 2019.,Service connection for sleep apnea as secondary to PTSD is granted.

The Board denied a rating in excess of 30 percent for the Veteran's pseudofolliculitis barbae with scarring, finding that his condition is manifested by hyperpigmented follicles and scars under the beard and on the upper lip. The current evaluation of 30 percent reflects this presentation.