Scars decisions — 2020

The Board dismissed all the appeals for service connection due to the Veteran's death.

The Board denied an initial evaluation in excess of 10 percent for the Veteran's left hip disability and a rating in excess of 10 percent for his post-operative left upper thigh scar. The Veteran was also denied entitlement to TDIU.,The evidence did not support higher ratings for either condition, with the exception that the Board found no ankylosis, which is required for a higher evaluation under Diagnostic Code 5250.

The Board denied the Veteran's claim for TDIU prior to May 7, 2020, finding that his service-connected disabilities do not prevent him from obtaining or retaining substantially gainful employment.

The Veteran's skin conditions have not been fully evaluated due to lack of recent medical examination and unretouched color photographs. The case is being remanded for further evaluation.

The Veteran's claim for an initial compensable rating for his service-connected scar, left thumb, is being remanded due to the need for further evaluation of the extent of nerve damage.

The Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment.

The Veteran's service-connected disabilities prevent him from obtaining and maintaining substantially gainful employment, and he is entitled to special monthly compensation based on regular aid and attendance due to his need for assistance with daily activities.

The Veteran's bilateral inguinal hernia and scars have been rated as noncompensable, with the internal scar receiving a separate rating of 10 percent. The Board denied higher ratings for these conditions.

The Board denied the Veteran's requests for earlier effective dates for service connection of coronary artery disease, prostate cancer residuals, and a surgical scar. The effective date was set at September 28, 2017.

The Board denied the Veteran's claims for an effective date earlier than July 27, 2012 for the grant of TDIU and DEA benefits. The Veteran was found to have met the criteria for eligibility for schedular consideration of TDIU since March 26, 2011, but his unemployability due to service-connected disabilities began in March 2011 if not sooner, which is more than one year prior to the filing of the TDIU application. As such, an earlier effective date for TDIU cannot be awarded.

The Board denied the Veteran's claims for service connection for scarring on forehead, left shoulder condition, right hip condition, and lower back condition due to a lack of evidence linking these conditions to his military service.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to lack of anatomical loss or use, contractures, or significant functional impairment.

The Veteran's kidney failure and lower extremity paralysis, as well as his aortic aneurysm, paraparesis of the bilateral lower extremities, and renal failure have all been granted service connection due to exposure to herbicides during service.,Service connection for depressive disorder, NOS, has also been granted.

The Veteran's intestinal symptoms are rated at 10 percent, but no higher, for residuals of resection of sigmoid status post recurrent diverticulitis.,The Veteran’s anterior trunk scar is not entitled to a compensable rating.

The Veteran's sciatica of the left lower extremity is rated at 20 percent, but the Board finds that it does not warrant a higher rating due to moderate symptoms.,The Veteran's left knee scar is currently rated as noncompensable (0 percent), and the Board finds no basis for a compensable rating.

The Veteran's TDIU claim was denied because his service-connected disabilities, including prostate cancer, sleep apnea with COPD, and erectile dysfunction, do not prevent him from securing or following a substantially gainful occupation.

The Veteran's rating for lentigo simplex and actinic keratosis, right cheek was improperly reduced from 30% to 10%. The Veteran’s verucca vulgaris on the right wrist is not compensable. Service connection for depressive disorder and headaches are denied.

The Veteran's TDIU claim is remanded due to the need for referral to the Director of Compensation Service for consideration of whether a TDIU on an extraschedular basis is warranted, given his service-connected disabilities other than PTSD.

The Board has remanded the claim for a TDIU due to service-connected right knee disabilities, including osteoarthritis, instability, and residual scars. The Veteran's right knee disabilities have prevented him from securing or following a substantially gainful occupation.

The Board has remanded the case due to inadequate medical opinion regarding the Veteran's lung disorder, which may be related to asbestos exposure in service.