Scars decisions — 2020

The Veteran's claims for increased evaluations and effective dates are remanded due to the need for additional medical examinations.

The Veteran's appeal for a higher rating for left knee DJD and TDIU was denied. The Board found that the evidence did not support a higher rating for left knee DJD, as it did not meet the criteria for a rating in excess of 10 percent under DCs 5260-5262. For TDIU, the Veteran's combined disability rating is 80%, and he has met the schedular requirements since October 2011. However, there was no evidence showing that his service-connected disabilities have precluded him from gainful employment.

The Board has restored the 10 percent evaluation for a service-connected facial disability, effective March 20, 2002. However, the matter of restoring a rating in excess of 10 percent for muscle weakness is remanded.

The Board has remanded several issues, including those related to service connection for various conditions and eligibility for financial assistance in purchasing a vehicle or acquiring housing. The main issue is the determination of whether the Veteran's disabilities meet the criteria for Special Monthly Compensation beyond May 2, 2000.

The Veteran's claim for TDIU was denied as he did not meet the schedular criteria and there is no evidence of unemployability due to service-connected disabilities.

The Board has determined that the Veteran's service-connected disabilities did not prevent him from obtaining or maintaining substantially gainful employment prior to June 12, 2012.

The Board has remanded several issues for further development, including service connection claims and examinations. The Veteran's case is not ready for final decision.

The Veteran's appeals for a compensable disability rating and effective date prior to September 1, 2017 for service connection of residual scars on the left index finger and back have been dismissed.,The Veteran's appeals for service connection of bilateral ear infections, right ingrown big toenail, and left ingrown big toenail have been remanded.

The Veteran's cause of death was identified as ALL, which the appellant contends is related to her Gulf War service. The Board finds that new and material evidence has been received to reopen the claim for DIC benefits due to the appellant's contention regarding exposure to environmental hazards during her Gulf War service.

The Veteran's service-connected disabilities do not preclude him from securing and following a substantially gainful occupation, thus his claim for TDIU is denied.

The Veteran's claims for service connection for TBI and major depressive disorder with unspecified anxiety disorder have been withdrawn.,No disability rating or effective date has been assigned.

The Veteran's service-connected disabilities do not meet the threshold requirement for a TDIU as they are not shown to be of such severity that he is unable to secure or follow substantially gainful employment.

The Veteran's initial compensable ratings for left testicle disability and left testicle scar are denied. The Board found that the evidence did not support a higher rating based on the current symptoms, as there was no atrophy or removal of both testicles.

The Board dismissed the Veteran's motion for revision of the February 27, 2020 decision on the basis of CUE because the case is pending before the Court.

The Veteran is granted a total disability rating based on individual unemployability from September 1, 2008 to July 30, 2019 due to his service-connected disabilities.

The Veteran's claim for service connection for bladder cancer was reopened, and he is now receiving a 60 percent rating effective February 27, 2018. The effective dates for service connection for diabetic nephropathy and scar, residual prostate cancer are also set to this date. An increased rating of 80 percent for residuals of prostate cancer is granted as of the same date. TDIU due to diabetes mellitus is granted starting from February 27, 2018, and SMC is granted effective from February 27, 2018 through June 30, 2020.

The Veteran's appeal for higher ratings on several conditions has been dismissed due to the withdrawal of his appeal by his representative.

The Board has remanded the case due to insufficient evidence of unemployability based on service-connected disabilities, and referred it for extraschedular consideration.

The Board has remanded the Veteran's claims for bilateral eye scars, cervical spine injury, left knee injury, right knee injury, lumbar spine injury, and right hip injury due to inadequate examinations.

The Board has remanded the claims for service connection due to insufficient evidence and a need for further medical examination.