Scars decisions — 2020

The Veteran withdrew his appeals for all issues currently before the Board, including those related to increased ratings and TDIU.

The Veteran's left and right chin scars were denied a compensable evaluation as they do not meet the criteria for a higher rating under any applicable diagnostic codes.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment consistent with his education and occupational background, thus denying entitlement to a TDIU.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's disabilities, both service-connected and nonservice-connected, made him need regular aid and attendance or housebound.

The Veteran's varicose veins affecting the bilateral lower extremities are granted service connection as they are at least as likely as not related to his period of active service.,Service connection for Legionnaire’s disease is denied due to lack of credible evidence linking it to an in-service injury or disease.,Left inguinal hernia service connection is denied because there is no credible evidence that the condition occurred during a period of service, and the Veteran's lay reports are unreliable given his mental health issues.,Service connection for a residual scar of a right buttocks wound is granted as it was incurred during a period of active duty for special work (ADSW).,Service connection for psychosis for the purpose of establishing eligibility for medical treatment under 38 U.S.C. § 1702 is granted due to an active psychosis within two years of separation from service.

The Board has denied the Veteran's claims for service connection for migraine headaches, effective prior to September 12, 2013, for a left eye disability, and for right ankle and prostate cancer. The Veteran's claim for higher ratings for his left eye chorioretinal scars is also remanded.

The Veteran's appeal regarding service connection for various conditions has been remanded due to the need for additional evaluations and examinations. The denial of a higher rating for coronary artery disease from December 1, 2011 to October 12, 2015 remains unchanged.

The Board has remanded the issues of service connection for bilateral hearing loss, scar of the right knee, and bilateral tinnitus due to discrepancies in the record.,Service connection was denied for a scar of the right knee as there is no evidence linking it to service.

The Board has determined that the Veteran's service-connected disabilities result in permanent loss of use of his left foot, and therefore grants eligibility for financial assistance in purchasing an automobile with adaptive equipment.

The Veteran's claims for increased ratings are being remanded due to the need for additional VA examinations and the identification of outstanding treatment records.

The Veteran's right knee scar and right knee disability are remanded for additional examinations to determine their current severity.,The Veteran's right knee disability is remanded due to an inadequate August 2016 examination report. A new examination is needed to assess the extent of functional impairment during flare-ups.,The left knee disability, depression, and sleep disorder are all remanded for etiology opinions regarding their relationship to service or service-connected disabilities.,Service connection for a psychiatric disorder (depression) and diabetes mellitus are also remanded. The examiner must determine whether the Veteran's current conditions are related to his service in Southwest Asia, as well as any aggravation of these conditions by his service-connected disabilities.,A sleep disorder is remanded for an examination to determine its relationship to service, specifically service in Southwest Asia.,Service connection for diabetes mellitus is also remanded. The examiner must consider the Veteran's pre-diabetes diagnosis during National Guard service and whether a sleep disorder caused or aggravated his current diabetes.

The Board has remanded the Veteran's claims for service connection for headaches and TDIU due to insufficient consideration of a secondary theory of entitlement, specifically that his current headaches are aggravated by his service-connected facial scars and right eye ectropion. The case is also remanded for obtaining additional medical records and scheduling a VA examination.

The appeal for service connection for a cervical spine disability is dismissed. The claims for increased rating of right knee scar, service connection for left knee disability (secondary to right knee), and service connection for low back disability (secondary to right knee) are remanded.

The Veteran's eye disability, characterized by a well-healed corneal scar, has not resulted in any loss of visual acuity or field, disfigurement, or incapacitating episodes. The Board finds that the current evaluation of 0 percent is appropriate as there are no symptoms related to his service-connected condition.

The Veteran's erectile dysfunction is not related to service.,The earliest communication from the Veteran that can be construed as a claim for major depressive disorder was received on June 8, 2016. The effective date of June 8, 2016 has been assigned for major depressive disorder as it is later than the earliest date of entitlement (April 27, 2016).,The earliest communication from the Veteran that can be construed as a claim for residuals of a surgical scar on his left shoulder was received on March 11, 2016. The effective date of March 11, 2016 has been assigned for the grant of service connection for residuals of a surgical scar on the left shoulder associated with left shoulder osteoarthritis as it is later than the earliest date of entitlement (May 13, 2003).,The effective date of June 8, 2016 has been assigned for the grant of service connection for major depressive disorder. The effective date of March 11, 2016 has been assigned for the grant of service connection for residuals of a surgical scar on the left shoulder associated with left shoulder osteoarthritis.,The Veteran's left shoulder osteoarthritis is rated at 20% and remains unchanged.,The effective date of April 2, 2019 has been assigned for an increased rating to 50% for major depressive disorder (MDD) and somatic symptom disorder. The effective date of April 2, 2019 has also recharacterized the disability as 'major depressive disorder and somatic symptom disorder'.,The Veteran's MDD and somatic symptom disorder is rated at 70% since April 2, 2019.,A TDIU is remanded.

Effective January 28, 2003, a 10 percent rating for residuals of broken nose is granted and a 30 percent rating for scars associated with residuals of broken nose is also granted.

The Veteran's bilateral pseudophakia and right eye corneal scar are granted service connection.,Weight loss is not a disability for VA compensation purposes, thus the claim is denied.

The Board has remanded several issues related to PTSD, scarring of the left hand and forehead/neck, low back disability, fragment wound to the neck, shell fragment wound to the forehead, and service connection for papillary adenocarcinoma of the thyroid. The SSOC issued in February 2020 did not include these issues.

The Veteran's claims for service connection for a pilonidal cyst scar and miliaria (heat rash) were denied effective from September 7, 2018.,No compensable ratings were granted for the Veteran’s scars or heat rash.

The Veteran's service-connected disabilities, including dysthymic disorder, lumbar strain with degenerative disc disease, left and right hip strains, left and right knee strains, and corneal scar of the right eye, are found to be sufficient for a TDIU rating on an extraschedular basis.