Scars decisions — 2020

The Board has determined that the VA did not fully comply with its previous remand directives and has ordered another remand to ensure all relevant documents are associated, obtain an FCE, and a VRC assessment.

The Veteran withdrew all of the issues on appeal, including those related to service connection for various disabilities. The Board has no further jurisdiction in these matters.

The Veteran's claims for increased ratings and benefits were denied. The right lower extremity below the knee amputation is rated at 40 percent, which is the maximum available under Diagnostic Code 5165.,The Veteran's claim for a compensable evaluation for his stump scar was also denied.

The Board has remanded the case due to insufficient evidence regarding the cause of the Veteran's head scar above the left eye. A new VA examination is needed to determine if it was caused by or incurred during service.

The Board has granted service connection for a painful chest wall scar, bilateral hearing loss, and tinnitus. The Veteran's claims are based on direct evidence of in-service incurrence.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance of another person (SMC-AA) or at the housebound rate is remanded due to inadequate medical evidence in the record.

Entitlement to a disability rating in excess of 10 percent for fractured distal radius of the right wrist with traumatic arthritis and scar was denied. The Veteran is currently rated at 10 percent under Diagnostic Code 5215.,For left ear hearing loss prior to July 25, 2019, an initial compensable disability rating was denied. Since July 25, 2019, the Veteran's bilateral hearing loss has been rated as Level I in both ears.,Both issues were denied due to lack of evidence supporting higher ratings.

The Veteran's claims for an initial compensable disability rating for central centrigual scarring alopecia and service connection for a left knee disorder are being remanded due to the need for additional examinations and consideration of new evidence.

The Veteran's service-connected disabilities, including sinusitis, obstructive sleep apnea, GERD, hiatal hernia, gastritis, and bilateral breast fibrocystic condition, have rendered her unable to secure or follow substantially gainful employment since February 13, 2012. The Board has granted a TDIU based on these disabilities.

The Board has remanded the issue of TDIU prior to October 5, 2011 due to insufficient evidence and will refer it for consideration by the Director of Compensation Service.

The Veteran's request for a higher rating for painful scarring of the right foot, status-post tibial sesamoidectomy was denied. The Board found that the preponderance of evidence did not support a rating in excess of 10 percent under Diagnostic Code 7804. Service connection requests for other conditions were also denied.

The Veteran's claims for service connection of a right shoulder disorder and chest scar have been granted. The claim for a rating higher than 10 percent for tinnitus has been dismissed. The Board has remanded the cases to obtain STRs, provide a VA medical opinion regarding the etiology of the disorders, and schedule an examination for hearing loss.

The Veteran was granted a TDIU on an extraschedular basis for the period from January 19, 2005 to August 10, 2012 due to his service-connected disabilities.

The Veteran's right knee total arthroplasty with a surgical scar was reduced from 60 percent to 30 percent, but the reduction is void ab initio due to procedural errors. The Board has restored the original 60 percent rating.

The Board has remanded several issues for further development, including a new VA examination to assess the Veteran's left index finger laceration scar residuals and chemical burn scars. The low back disability issue is also linked with other service-connected disabilities, requiring further review.

The Veteran's claims for service connection were denied, except for the reopening of a low back disability claim and granting of service connection for a right testicular condition. Other conditions remain denied.

The Veteran's appeal has been withdrawn for the claim of an evaluation in excess of 50 percent for PTSD prior to May 1, 2018 and in excess of 70 percent thereafter. The Veteran’s scar from inguinal hernia surgery is rated at 10%. Other claims are being remanded.,The Veteran's fibromyalgia, cervical arthritis, irritable bowel syndrome, and headaches (secondary to PTSD) are all pending and need further evaluation.

The Board denied service connection for a gynecological condition, other than fourth degree tear with rectovaginal fistula and female sexual arousal disorder (FSAD), hysterectomy scar, neck condition, and headaches.,Service connection was not granted for any of the claimed conditions.

The Veteran's appeal for an increased rating for painful scars was denied, but a separate rating of 10 percent, but no higher, for left inguinodynia was granted.,The decision also noted that the Veteran had three abdominal scars resulting from surgeries in 2010 and 2011. The pain associated with these scars is not considered in the rating provided under DCs 7800-04.

The Board dismissed the appeals for service connection for bilateral hearing loss, sleep apnea, scars as residuals of hernia surgery, a dental condition, a lower back condition, and a left foot condition. Service connection was granted for PTSD.