Scars decisions — 2020

The Board has determined that additional development is needed for the right knee issues, including a VA examination and consideration of whether temporary total disability ratings or TDIU are warranted.

The Veteran's claims for a left ankle skin disability and chronic upper body pain have been denied. The low back disability claim is being remanded for further development.,Service connection has not been established for the Veteran’s claimed conditions.

The Veteran's appeals for initial compensable ratings for his service-connected scars of the lower back and facial scars have been remanded due to lack of substantial compliance with previous remand directives.

The Veteran's radiculopathy of the lower extremities and status post hysterectomy and bilateral salpingectomy with scars are currently rated at their maximum allowable schedular ratings. The Board denied increased ratings for these conditions.

The Veteran's appeals for increased ratings and effective dates have been dismissed as he has withdrawn his appeals.

The Veteran's scar on the dorsal surface of her right hand was granted an initial 10 percent rating prior to October 17, 2019. The scar is painful and not unstable or associated with underlying soft tissue damage.

The Veteran is unable to secure and follow a substantially gainful occupation due to his service-connected PTSD, which causes near continuous panic attacks, sleep problems, impairment of short and long term memory, difficulty understanding complex commands, impaired judgment and abstract thinking, disturbances of motivation and mood, difficulty in establishing and maintaining effective work and social relationships, difficulty adapting to stressful situations, and impaired impulse control.

The Veteran's application to reopen the previously denied claim for service connection for right ear hearing loss was denied due to lack of new and material evidence.,The Veteran's request to reopen his claim for a chronic cough was granted, but he was still denied as there was no reasonable possibility that the additional evidence could substantiate the claim.

The Veteran's claims for increased ratings and service connection were denied. The persistent depressive disorder was rated at 30%, the postoperative scar on the right groin had no compensable rating, and there is insufficient evidence to establish a service connection for obstructive sleep apnea.

The Board has decided to remand several issues related to the Veteran's service-connected disabilities, including ratings for various injuries and conditions. The claims will be returned to the AOJ for additional development.

The Veteran's TDIU claim is remanded due to the need for additional development regarding the occupational impact of his service-connected disabilities.

The Veteran's initial compensable rating for a surgical scar and higher initial rating in excess of 10 percent for an unstable or painful scar were both denied.

The Veteran's service-connected conditions do not prevent him from securing and following a substantially gainful occupation.

The Board denied the Veteran's claim for service connection for a lung disability, claiming it as residuals of right lung scarring. The evidence did not show that his current condition was related to his military service or exposure to jet fuel and/or Agent Orange.

The Veteran's migraine headaches are caused and aggravated by her service-connected PTSD, fibromyalgia, and anemia.,There is no evidence of a current diagnosis related to the Veteran’s reduced sex drive. The claim for this condition is denied.,The Veteran's painful scar on the right wrist warrants a 10 percent disability rating due to its pain but not instability or limitation of function.,The linear scar on the right wrist does not meet the criteria for an increased disability rating as it does not exceed 6 square inches in area and is not unstable or painful.,Anemia has been rated at 10 percent since November 2018, with no evidence of improvement to warrant a higher rating.,Fibromyalgia was previously rated at 20 percent but the Veteran's symptoms do not meet criteria for an increased disability rating as they are present more than one-third of the time and not constant or refractory to therapy.,Lumbar strain has been rated at 20 percent since January 10, 2020. The claim is remanded due to a lack of evidence showing improvement in function.,Left lower extremity radiculopathy was previously rated at 20 percent but the Veteran's symptoms do not meet criteria for an increased disability rating as they are present more than one-third of the time and not constant or refractory to therapy.,Costochondritis has been rated at 30 percent since January 10, 2020. The claim is remanded due to a lack of evidence showing improvement in function.

The Veteran withdrew his appeals for initial compensable ratings for cholecystectomy and right upper and mid quadrant scars, as well as service connection for diabetes, diabetic neuropathy of the bilateral lower and upper extremities, sickle cell anemia, hypertension, bilateral hearing loss, tinnitus, and a prostate condition. The claims are dismissed.

The Board has remanded several issues for further development, including evaluations for various conditions and service connection claims. The Veteran's erectile dysfunction claim is denied as there is no evidence of a penile deformity. Other claims are also remanded due to the need for additional medical opinions.

The Board has granted service connection for a through and through gunshot wound of the right thigh. The claim for an initial compensable rating for right thigh scars was denied, as were claims for an initial rating in excess of 30 percent for other specified trauma and stressor related disorder (subthreshold PTSD) and major depressive disorder.

The Board denied the Veteran's claims for service connection for various conditions, including diabetes mellitus, CAD, hypertension, CVA, seizures, left arm disability, right arm disability, right eye disability, tinnitus, sleep disorder, gastrointestinal disability, scars, and an acquired psychiatric disability. The evidence did not establish a nexus between these conditions and the Veteran's military service.

The Veteran's painful left thumb laceration scar is granted a 10 percent rating effective September 26, 2016. The claim for an initial compensable rating for disabling effects of the linear scar other than pain was denied.