Scars decisions — 2020

The Veteran withdrew his claims for service connection for foot fungus, dental implants, and an initial compensable evaluation for the appendectomy scar before a decision was made by the Board.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of a tumor removal surgery is remanded due to inadequate opinion and missing records.

The Veteran withdrew his appeal, leaving no issues for the Board to review.

The Veteran's claim for VR&E services, including a doctoral degree in osteopathic medicine, is remanded due to the need for a new vocational rehabilitation evaluation considering his current symptomatology and employment capabilities.

The Veteran's bronchial asthma claim is denied as it does not meet the criteria for a rating in excess of 30 percent.,The Veteran's right inguinal hernia and scar claims are both denied as they do not meet the criteria for a compensable rating.,The Veteran's chronic gastritis claim requires additional development due to incomplete examination findings.,The Veteran's left great toe arthrodesis with amputation claim is remanded for further evaluation.

The Veteran's claims for service connection for tremors and hypertension are being remanded due to the need for additional medical opinions.,Separate service connection for dysphagia is also being remanded.

The Board has remanded the Veteran's claims for otitis externa and retinal scar, right eye due to incomplete STRs from Key West Naval Hospital. The AOJ is instructed to obtain these records and any other relevant medical records.

The Board has remanded the case due to a failure to obtain relevant service treatment records for the Veteran's right index finger laceration scars. The Veteran states she received treatment during her active service in Afghanistan, but VA did not attempt to obtain these records.

The Board has remanded the cases for further proceedings due to errors in assigning disability ratings and the need for additional medical examinations.

The Board denied the Veteran's claims for service connection for bilateral upper extremity radiculopathy and increased evaluations for his right forehead scar, right lower extremity radiculopathy, lumbar myositis, and gastritis. The Veteran was granted a separate evaluation of 10 percent for a painful forehead scar.

The Veteran's appeals of increased ratings and service connection claims have been dismissed. Effective dates for awards of service connection are denied.

The claims for right ear hearing loss, bilateral eye disability, BLE arthritis, gout, diabetes mellitus, left ear hearing loss, erectile dysfunction, surgical scar, tinnitus, hypertension, and lumbar spine disability have been dismissed due to the lack of an adequate substantive appeal.,The claim for liver disability has also been dismissed as there was no adequate substantive appeal.

The Board has remanded the claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities. The Veteran's combined rating did not meet the percentage standards set forth in § 4.16(a), but his case may be considered under 38 C.F.R. § 4.16(b) for an extra-schedular TDIU.

The Veteran's left ankle disability, including the residual scar, is rated at 20 percent. The extension of a temporary total evaluation beyond July 1, 2014 and March 1, 2018 for her service-connected left ankle condition requiring convalescence are granted. A TDIU effective June 1, 2019 is also granted.

The Veteran withdrew all appeals for increased ratings and service connection, effectively dismissing the cases.

The Board denied the Veteran's claims for a rating in excess of 10 percent for left knee osteoarthritis and an initial compensable rating for service-connected left knee scars.

The Veteran's claim for service connection for a bilateral hearing loss disability has been denied as there is no evidence of current hearing loss that meets VA criteria.,Service connection for sleep deprivation was also denied due to lack of a diagnosed condition and functional impairment.

The Board denied an initial compensable rating for the Veteran's right wrist and hand residual scars, finding that his symptoms did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board has denied service connection for bilateral hearing loss due to a lack of evidence showing the presence of bilateral hearing loss for VA purposes. The Veteran's claims for right hip disability, right ankle condition, bronchitis, skin disfigurement due to surgical scars, and an acquired psychiatric disorder (including affective disorder, anxiety disorder, and alcohol use disorder) are remanded as there is insufficient evidence on file.

The Veteran's service-connected disabilities do not meet the threshold requirements for vocational rehabilitation benefits under Chapter 31 of the VA regulations, as she is currently employed and does not have an employment handicap.