Scars decisions — 2020

The Board has denied service connection for various scars and right knee arthritis, finding that there is no current disability or evidence of in-service injury or disease resulting in these conditions.

The Board has remanded several claims for additional development, including those related to the Veteran's neck disorder, neuropathy of bilateral upper and lower extremities, hip disorder, sleep apnea, right knee surgical scar, traumatic arthritis of the right knee, bilateral hearing loss, lumbar strain with degenerative osteoarthritis of the lumbar spine, foot disorders (pes planus, metatarsalgia, hammertoes, hallux valgus, plantar fasciitis, and degenerative joint disease), and psychiatric disorder.

The Board granted an earlier effective date for the grants of service connection and increased rating, as well as attorney fees in the amount of 20% of past-due benefits awarded. The appeal was denied only for the grant of an earlier effective date for tinnitus.

The Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU, but his combined disability rating is sufficient to warrant consideration of extra-schedular TDIU. The case is remanded to obtain additional medical records and schedule the Veteran for an examination.

The Board has remanded the Veteran's claims for service connection for headaches, initial compensable rating for bilateral hearing loss, and a rating in excess of 10 percent for his bilateral eye corneal scars to include right eye traumatic cataract. The TDIU claim is also being remanded.

The Board has remanded the Veteran's claims for a compensable rating for residuals of left indirect hernia repair and scar, status-post inguinal hernia repair due to insufficient evidence regarding the nature and severity of his current symptoms. The reduction claim for the surgical scar is also remanded.

The Veteran's service-connected disabilities have precluded substantially gainful employment, and the Board has granted a total disability evaluation based upon individual unemployability (TDIU).

The Veteran's initial evaluation for service-connected scarring alopecia was assigned a noncompensable (zero percent) rating. The AOJ must request an appropriate VA examination to evaluate the severity of her disability and its impact on her employability.

The Veteran's claims for higher ratings for migraines, acid reflux, lung condition (claimed as lung scarring), joint pain, and tooth deterioration for compensation purposes have all been denied.,There is insufficient evidence to support the Veteran’s claims of service connection for these conditions.

The Veteran's bilateral plantar fasciitis is currently rated at 30 percent, but the Board has granted a separate rating of 10 percent for bilateral metatarsalgia.,A separate 10 percent evaluation is granted for hallux valgus of the right foot and left foot.

The Board has denied the Veteran's claims of service connection for residuals of left-foot burn scar, residuals of left-hand burn scar, and left knee tendonitis. The Veteran's tinnitus and migraine headaches were also not found to be related to service.

The Veteran's bilateral hearing loss is rated at 10 percent, which is the maximum rating available under VA regulations.,The Veteran's laceration of the larynx and esophagus does not meet the criteria for a compensable disability rating.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation, thus the Board has granted TDIU.

The Veteran's claim for an increased rating for diabetes mellitus (DM) was denied, and his TDIU claim was also denied.

The Veteran's prostate cancer residuals are rated at 60 percent, and the effective date for TDIU is set at December 16, 2012. The ratings for prostatectomy scars and erectile dysfunction remain denied.

The Veteran requested to withdraw the appeal regarding her request for a waiver of indebtedness resulting from an overpayment of Chapter 33 benefits. The Board dismissed this issue as it was withdrawn by the Veteran.

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence linking the claimed disabilities to her military service, and the current effective rating was deemed appropriate.

The Veteran's claim for a scar on the right cheek was reopened and granted. The Board found that the Veteran incurred a scar on his right cheek during service, resolving reasonable doubt in favor of the Veteran. Service connection is also granted for left arm pain and weakness, but denied for a left shoulder disability.

The Veteran's claims for increased ratings and service connection were denied as he failed to report for scheduled VA examinations without providing good cause.

The Veteran's claim for VR&E services to pursue a bachelor's degree in nursing is remanded due to pre-decisional errors and the need for further evaluation by a VRC considering his service-connected disabilities.