Scars decisions — 2020

The Veteran's claim for service connection for tension headaches was granted with a December 31, 2014 effective date.,Service connection for left upper extremity radiculopathy and painful scars on the left shoulder were both granted with March 6, 2013 effective dates.

The Veteran's claims for an earlier effective date for service connection of status post ulcerative colitis, total colectomy and anus removal, and surgical scar are denied as there is no evidence of a prior claim or intent to seek benefits.

The Veteran's petition to reopen her previously denied claim for service connection for lupus has been dismissed.,Her appeal for lung cancer service connection has also been dismissed.,The petition to reopen her previously denied claim for scar on abdomen as residual of cesarean section is denied.,Service connection for flat feet is denied.,The Veteran's chronic yeast infections are remanded for further examination and opinion.

The Veteran's claim for increased rating of residuals of a ruptured right quadricep tendon was denied. The Board found that the evidence did not meet criteria for a higher rating, and service connection for a lumbar spine disorder secondary to the quadricep tendon injury was also denied.

The Veteran's claim for a TDIU due to service-connected disabilities is remanded as the evidence does not fully address his ability to perform the physical acts required for substantially gainful employment.

The Veteran's TDIU claim is denied as the Board finds that his unemployability is primarily due to a non-service-connected stroke, not his service-connected acquired psychiatric disorder and keloid scar.

The Veteran's claim for a TDIU on an extraschedular basis prior to April 22, 2013 is being remanded due to the need for additional development and referral to the Director of Compensation Service.

The Board denied the Veteran's claim for special monthly compensation based on the need for aid and attendance due to her service-connected disabilities, finding that she is not so helpless as to be in need of regular aid and assistance from another person.

The Veteran's claims for service connection for COPD and OSA are denied as the preponderance of evidence does not support a finding that these conditions began during active service or are otherwise related to an in-service injury, event, or disease.,The Veteran's claims for hypertension, congestive heart failure, kidney failure, and bilateral hearing loss disability are remanded due to insufficient evidence.

The Board has determined that additional evidence, including VA treatment records and a recent examination, should be considered as part of the claims process. The Veteran's appeal is being remanded to allow for this review.

The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation since March 7, 2013. The Board granted the TDIU on an extraschedular basis effective from that date.

The Board has remanded several issues related to the Veteran's foot conditions, including left foot hallux valgus and painful scars of his great toes. The remand requests additional development such as obtaining updated VA treatment records and a specific opinion regarding nerve damage in the left foot.

The Board has remanded the case due to insufficient examination regarding whether the Veteran's vision problems are aggravated by his service-connected diabetes mellitus, type II. The VA examiner is requested to provide an opinion on this issue.

The Veteran's left wrist disability, including lunate and navicular chondromalacia, synovitis, and scars, status post arthroscopy, is being remanded for further development to consider an extraschedular evaluation.

The Board denied the Veteran's claim for TDIU prior to October 27, 2019 as his service-connected disabilities did not preclude him from securing or following a substantially gainful occupation.

The Veteran's service-connected hiatal hernia with GERD, scars of the posterior and anterior trunk, and surgical scar due to diaphragmatic hernia repair and thoracotomy are being remanded for further evaluation.

The Veteran's left thumb disability and residual scars of the left thumb and wrist have been granted increased ratings, with effective dates prior to November 28, 2014.

The Veteran's claims for earlier effective dates pertaining to the awards of service connection for PTSD and ischemic heart disease are dismissed.

The Board has remanded the case for additional development, including obtaining an addendum to a VA examiner's opinion regarding the Veteran's bilateral eye disability and service connection for a dental disability. The issues of service connection are not related to exposure to specific bases such as burn pits or Agent Orange.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining gainful employment, so he is not entitled to a total disability rating based on individual unemployability (TDIU).