Scars decisions — 2020

The Veteran withdrew his appeals for increased ratings on multiple conditions, including labrum tear of the right shoulder, back strain, and various skin issues. The Board dismissed these appeals as a result.

The Veteran's acne and polymorphous light eruption with residual scarring have required constant or near-constant systemic therapy such as corticosteroids, retinoids, and oral medications over the entire appeal period. As a result, an initial maximum 60 percent rating is granted since September 2, 2009.

The Veteran withdrew his appeal, and all issues on appeal have been dismissed.

The Board has remanded the claims for service connection for concussion, migraine headaches, and a back condition due to insufficient evidence. The scar on lip claim is denied as there is no current disability.

The Veteran's TDIU claim is remanded due to unclear notice of a Decision Review Officer hearing and the need for an updated medical opinion regarding his service-connected disabilities' impact on employment.

The Veteran's appeals for service connection and initial ratings have been dismissed due to the Veteran withdrawing their appeal prior to a decision being made.

The Board denied service connection for various disabilities, including tinnitus, right ankle disability, right elbow necrotic ulcer with scar, pelvic fracture, basilar skull fracture, right medial orbital wall fracture, right ear hearing loss disability, tracheostomy, right pulmonary contusion, grade VI liver laceration, status post-surgical repair, intraperitoneal bladder rupture, status-post surgical repair, splenetic laceration, status post multiple laparotomy repairs, scar secondary to a tracheostomy, scarring from stomach surgery, subarachnoid hemorrhage, and traumatic brain injury. The decision was based on the finding that these disabilities were not incurred or aggravated by service due to willful misconduct.,The Board also denied service connection for a right ankle disability, as it was determined that the Veteran's tinnitus did not have its onset in service and is not otherwise related to service.

The Veteran's claims for bilateral hearing loss and tinnitus have been denied as there is no evidence of a current disability.,Service connection for left wrist fracture residuals with DJD has been denied. The Veteran does not have ankylosis, which would warrant a higher rating.,Prior to June 20, 2017, the Veteran's service-connected left CTS was rated at 10 percent based on mild incomplete paralysis of the median nerve. As of June 20, 2017, the condition has been rated as severe incomplete paralysis due to symptoms such as loss of reflexes and muscle atrophy.,The Veteran's residual linear and nonlinear scars have not met the criteria for a compensable rating based on pain or instability.

The Board has remanded the cases for additional development, including obtaining medical records from Dr. Bowling and Shoals Hospital, and providing a VA examiner's opinion on whether the Veteran’s right hand scars are related to service.

The Board denied a combined rating in excess of 90% since September 26, 2018. The Veteran's disabilities were evaluated and combined according to the Combined Ratings Table, resulting in an overall disability rating of 90%. The claim for a higher combined rating was denied.

The Veteran's claims of entitlement to service connection for a stomach condition and back condition, both secondary to his service-connected postoperative appendectomy scar, have been reopened. The appeal is granted.

The Veteran's claim for a higher rating for left eye diplopia and TDIU on an extraschedular basis was denied. The Board found that the current 40 percent rating adequately reflects the severity of his disability, as it accounted for interference with employment due to loss of pilot and state trooper positions.

The Board has remanded the case for further development regarding service connection for left arm scars and acquired psychiatric disorder.

The Board denied service connection for hepatitis, bilateral vision loss, right knee disability, left knee disability, and knee scars. The Veteran did not have current disabilities related to these conditions at the time of the claim or recent to the filing of the claim.,There is no evidence of current hepatitis or residuals of hepatitis documented in the medical record.

The Veteran's appeal is remanded for additional examinations and opinions to address his right ear hearing loss, hernia residuals, surgical scar associated with hernia, and TDIU claim.

The Veteran's service-connected peripheral neuropathy of the left arm is granted an increased rating to 30 percent, effective January 3, 2018. The ratings for his left forearm and elbow scars remain unchanged.

The Veteran's facial scars have not resulted in visible or palpable tissue loss, gross distortion or asymmetry of two features or paired sets of features (i.e., nose, chin, forehead, eyes, ears, cheeks, lips), and do not meet the criteria for a higher disability rating.

The Board has remanded the case for further development to clarify whether an M.B.A. degree is warranted based on the Veteran's service-connected disabilities and employment goals.

The Veteran's claim for a higher disability rating for paralysis of the ilio-inguinal nerve with intermittent retraction of the right testicle is denied as it does not meet the criteria for a higher rating.,The Veteran's claim for a higher disability rating for painful scar of the right hand (dominant) 4th finger status post laceration is denied as it does not meet the criteria for a higher rating.

The Veteran's claims for service connection for various conditions, including migraine headaches and insomnia, were granted. The claim for a compensable rating for bilateral hearing loss was denied. The other claims were either not addressed or denied.