Scars decisions — 2020

The Board has granted a 10 percent rating for the scar, residuals of a flesh wound to the right knee. The Veteran's right knee strain and right quadricep muscle injury are also found to be secondary to his service-connected residuals of a flesh wound to the right knee.

The Board has determined that the VA examination conducted in February 2019 did not comply with prior remand instructions and thus, the case is being returned to the AOJ for further development.

The Veteran's service-connected painful scars associated with bilateral plantar warts, linear scars associated with bilateral plantar warts, left foot hallux valgus, right foot hallux valgus, and bilateral plantar warts are all rated at 10 percent. The Board finds that the criteria for a higher rating have not been met.,The Veteran's TDIU claim on an extraschedular basis is granted as of April 28, 2016.

The Veteran's claims for increased ratings and TDIU are being remanded due to inadequate VA examinations. The issues include left knee disability prior to January 14, 2016 and thereafter, as well as a TDIU based on service-connected left knee.

The Veteran's right ankle scar, status post surgery, is currently rated at 0 percent. The Board has ordered a remand to obtain updated treatment records and conduct a more current VA examination.

The Board has determined that the Veteran's service-connected conditions render him unable to secure or follow a substantially gainful occupation, and thus grants his claim for TDIU.

The Veteran's appeal for service connection for a left thigh scar was withdrawn. The claim for latent tuberculosis infection was denied as there is no evidence of active tuberculosis during or after service. Service connection for bilateral hearing loss and left knee disorder were remanded due to insufficient evidence, while the claim for left leg and thigh disability (varicose veins) was also remanded.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation consistent with his education and occupational experience.

The Veteran's claims for increased ratings for his right knee disabilities and scar are being remanded due to the need for new examinations to evaluate their current severity.

The Veteran's service-connected disabilities, including PTSD and diabetes, do not prevent him from obtaining or retaining substantially gainful employment. The Board finds that TDIU is denied as his combined rating is at least 80 percent.

The Veteran's claims for initial compensable ratings for his service-connected scars have been dismissed as the Veteran withdrew his appeal prior to a decision being made.

The Veteran's claim for a higher rating for his right foot scar is granted, effective from August 1, 2013. The claims of service connection for renal/genitourinary disorder and left ear hearing loss disability are denied. A new and material evidence petition to reopen the claim of service connection for left ankle disability has been granted.

The Veteran's skin condition, left knee strain, and lumbar strain have been rated appropriately throughout the appellate period. The Veteran's skin condition is at its maximum schedular rating of 60 percent. His left knee strain has a uniform 10 percent rating for painful motion. His lumbar strain does not meet criteria for any higher ratings.

The Veteran's service-connected epilepsy, grand mal type, was found to be the underlying cause of his fatal cardiac arrest. The appellant is therefore entitled to VA burial benefits at the service-connected rate.

The Board has granted a TDIU on an extraschedular basis prior to July 27, 2016 due to the Veteran's service-connected disabilities preventing her from securing or following substantially gainful employment.

The Veteran's claim for TDIU and DEA eligibility was denied as the evidence did not establish that he was unable to secure or follow a substantially gainful occupation due to his service-connected disabilities prior to April 24, 2009.

The Veteran's right TKR, right knee scar, left TKR (secondary to now service-connected right knee disability), low back pain (diagnosed as degenerative disc changes) and right foot drop are all granted. The effective date for the grant of SMC based on loss of use of one hand is set at December 18, 2013.

The Board has remanded the Veteran's claims for a TDIU and DEA prior to October 13, 2015 due to issues being inextricably intertwined.

The Board has remanded the Veteran's claims for service connection and rating of his peripheral neuropathy, bilateral carpal tunnel syndrome, and ischemic heart disease. The issues are related to exposure to herbicide agents in Vietnam.

The Veteran's claims for service connection have been reopened, and the right knee scar claim has been granted. The other two claims remain pending as they are remanded.