Scars decisions — 2020

The Veteran's claim for an increased rating for head and face scars is being remanded due to a duty to assist error. A new examination is needed to assess the impact of his left eye impairment on his scar conditions.

The Veteran's appeals have been satisfied with the grant of total disability rating based on individual unemployability due to service-connected disabilities (TDIU). The claims for increased ratings for shell fragment wounds, post-phlebitic left thigh residuals, aneurysm, and wound scar of the scalp are dismissed.

The Veteran's service-connected bilateral dry eye syndrome, left eye chorioretinal scar and retina detachment repair were denied as the disability does not meet the criteria for a compensable rating.

The Board has reopened the claim for service connection of an acquired psychiatric disorder and remanded the case due to the need for additional medical opinions. The claim for chorioretinal scar, right eye is also being remanded.

The Board has determined that a remand is necessary to obtain additional medical records, complete the Veteran's VA Form 21-4192 for his previous employers, and schedule him for a VA examination to assess the functional impact of his service-connected disabilities on his ability to work.

The Board has remanded the Veteran's claims for service connection for histoplasmosis of lungs/scar tissue and plantar fasciitis (heel pain) due to inadequate examination findings, lack of nexus opinions, and need for further medical evaluation.

The Veteran's appeal for a higher rating for left eye cornea scarring has been denied. The Board found that the evidence did not support a finding of incapacitating episodes or worsened visual acuity, and thus no higher rating could be granted.,Service connection for PTSD was also denied as there is no diagnosis in conformity with DSM-5 criteria.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board has remanded the claim for a TDIU due to unemployability caused by service-connected disabilities. The case will be referred to the Director of Compensation Service for consideration on an extra-schedular basis.

The Board has granted special monthly compensation based on the need for aid and attendance due to service-connected disabilities, including PTSD, tinnitus, painful scar, residual muscle injury from shell fragment wound, eczema, malaria, healed muscle damage, scar, and hearing loss. The housebound claim is dismissed as moot.

The Veteran's claim for a higher disability rating for neurogenic bladder is being remanded due to the need for additional evidence regarding his symptoms and their impact on employment.,The Veteran's claim for TDIU from June 13, 2017 through September 30, 2019 remains granted. However, a final decision cannot be rendered at this time as it is inextricably intertwined with the issue of a higher disability rating for neurogenic bladder.,The Veteran's claim for TDIU from October 1, 2019 is being remanded due to the need for an extraschedular evaluation based on individual unemployability.

The Veteran's service-connected disabilities prior to April 7, 2010 do not meet the criteria for a total disability rating based on individual unemployability.

The Veteran is granted an initial 20 percent disability rating for ED with diagnosed penile deformity since January 18, 2019. A separate 10 percent disability rating is also granted for a surgical scar status post prostatectomy since the same date.

The Board has remanded the case for a retrospective medical opinion regarding the severity of the Veteran's right knee disability prior to November 2016, and for obtaining any outstanding records from Dr. Monmouth.

The Veteran's service-connected left inguinal hernia residuals do not meet the criteria for a compensable rating.,The Veteran’s hernia scar does not meet the criteria for a compensable rating under VA regulations.,Service connection was denied for bilateral shoulder, elbow, hip, and knee disorders due to lack of evidence supporting their existence or causation by service.,Service connection was denied for left ear hearing loss as there is no evidence of current disability meeting VA's definition of hearing loss.,Service connection was denied for tinnitus as the Veteran did not report having it during his STRs and medical records.

The Board has remanded the case due to a lack of substantial compliance with prior Board remand orders, including the need for a new functional capacity evaluation by a vocational rehabilitation counselor.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for abdominal scar is remanded due to the need for a new VA opinion regarding the causality and proximate cause of his additional disability.

The Veteran's claim for a rating in excess of 10 percent for his service-connected residuals of a thoracic spine scar was denied. The Board found that the evidence did not show three or four scars that were unstable or painful, and therefore, a higher rating could not be granted. For the TDIU claim prior to July 19, 2017, the Veteran's disabilities rendered him unable to obtain or maintain substantially gainful employment.

The Veteran's appeal is remanded due to the need for updated VA examinations and additional medical records. The issues of service connection for onychomycosis, bilateral pes planus, left hip labral tear with limitation of flexion, left hip labral tear with limitation of extension, pseudofolliculitis barbae (PFB), folliculitis decalvans, and scarring alopecia, scalp scar, bilateral plantar fasciitis, hypertension, right knee patellofemoral pain syndrome (PFPS), and left knee PFPS are all remanded.

The Board found that the Veteran's claimed disabilities were caused by or resulted from his own willful misconduct and, therefore, were not incurred in the line of duty.