Scars decisions — 2020

The Veteran's left ankle arthritis and PTSD have been granted service connection. The initial disability rating for PTSD has been increased to 70 percent, effective from March 21, 2014. Bilateral hearing loss, headaches, acid reflux, residual scar, right knee disability, left knee disability, degenerative disc disease of the lumbar spine, sciatica (left lower extremity), and sciatica (right lower extremity) have been dismissed.

The Board has remanded the Veteran's claims for abdominal scar, back disability, and hypertension as he was unable to attend VA examinations due to incarceration. The AOJ is instructed to make reasonable efforts to schedule new VA examinations in accordance with the VA Adjudication Procedure Manual.

The Veteran's claim for service connection for a sleep disorder is denied as there is no current diagnosis of the condition.,For his coronary artery disease, the Veteran is not entitled to a rating in excess of 10 percent prior to March 28, 2017 and 30 percent from that date onwards. The evidence does not support a higher rating based on METs levels or other criteria.

The Veteran's service-connected bipolar disorder is granted a 70% rating from March 26, 2015 forward. A 10% rating for the appendectomy scar prior to March 26, 2015 is granted. The Veteran is also granted TDIU status from July 14, 2017 forward.

The Veteran's appeals for increased ratings of his left knee, multiple painful and unstable scars, multiple other scars, and tinnitus have been dismissed. Service connection has been granted for a psychiatric disability secondary to service-connected disabilities.

The Veteran's initial claim for a right knee scar was denied, and he is now seeking an increased rating.,For the period prior to October 18, 2019, his right knee scar has been rated as zero percent. The Board found that this rating is not appropriate given the symptoms described.

The Veteran withdrew his appeals for all remaining issues on appeal, including those related to the conditions listed and service connection theories.

The Veteran's calcified granulomas of the lungs with associated pulmonary scarring are currently rated at 10 percent, but do not meet the criteria for a higher evaluation based on current medical evidence and VA examination findings.

The Veteran's bilateral hearing loss does not meet the criteria for VA purposes, and therefore service connection is denied.,There is no evidence of an in-service event or disease related to her bilateral eye disorder. Service connection is denied.

The Board dismissed all claims due to the Veteran's death, as no order granting substitution has been issued.

The Veteran's claim for a compensable disability rating for bilateral hearing loss is denied.,The Veteran's claims for effective dates prior to January 31, 2014, for the grants of service connection for bilateral hearing loss and tinnitus are denied.,The Veteran's claim for an effective date prior to January 31, 2013, for the grant of service connection for surgical scar is denied.,The Veteran's claim for an effective date prior to January 31, 2013, for the grant of service connection for ischemic heart disease (IHD) is denied.

The Board has granted service connection for the Veteran's skin cancer and secondary service connection for his scars of the lip, nose, and left ear as being related to his now service-connected skin cancer.

The Board has decided to remand the cases for further development and examination, including obtaining additional VA treatment records and scheduling the Veteran for appropriate VA examinations. The TDIU claim is also being remanded.

The Veteran's appeal to reduce his disability rating for postoperative scarring of the left elbow has been dismissed because he withdrew his appeal prior to a decision being made.

The Board has remanded the Veteran's claims for service connection due to outstanding Reserve records and other missing medical evidence. The claims include hypoglycemia, infertility due to pyridostigmine bromide exposure, scars of the trunk and extremities, urticaria with dermographism (claimed as rash, skin allergy, cyst, benign skin growth), residuals of cervical cancer, hyperactive immune response, and a chronic disability manifested by blood sugar regulation problems and low blood sugar. The Board also requested additional VA examinations to address these claims.

The Board denied the Veteran's claim for special monthly compensation based on the need for aid and attendance or being housebound due to his service-connected disabilities, as he was not found to be in need of regular aid and assistance.

The Board has remanded the claims for type II diabetes mellitus, right hand residual injury, arthritis (to include gouty arthritis), right shoulder condition, right hand laceration scar, left and right ankle conditions, bowel condition, and hemorrhoids due to new evidence indicating they may be related to service. The Veteran's PTSD claim has been denied.

The Board has remanded the Veteran's claims for service connection and increased rating due to a lack of recent VA treatment records, need for new examinations, and consideration of updated eye rating criteria. The claims will be reconsidered after these actions.

The Veteran is granted a total disability rating due to individual unemployability (TDIU) on both a schedular and an extraschedular basis from throughout the period of appeal.

The Veteran's service-connected disabilities have prevented him from securing and following a substantially gainful occupation since December 12, 2015. The Board has granted the TDIU claim effective that date.