Scars decisions — 2020

The Board has decided to remand several issues related to the Veteran's service-connected conditions, including sleep disorder and various scars. The Veteran will need to provide updated treatment records and undergo VA examinations for his eczema and associated scars.

The Veteran's left tibia scar and bilateral tinnitus have been evaluated based on the criteria provided in the VA Schedule for Rating Disabilities. The Veteran does not meet the criteria for a higher rating, so his claims are denied.,The Veteran's liver transplant is considered to be unrelated to service, as there is no evidence of a nexus between his current liver condition and his military service.

The Veteran's tinnitus is denied as there was no in-service injury or disease, and continuity of symptomatology is not established.,Service connection for a respiratory disability manifested by shortness of breath is remanded due to the presence of additional service treatment records that may affect the VA examiner’s opinion.,The right knee disability is remanded as it may be aggravated by service.

The Veteran's hiatal hernia with GERD is rated at 10 percent, and the abdominal scar is rated at zero percent. The Board denied an increased rating for both conditions.,Service connection was denied for an incisional hernia, and SMC based on need for aid and attendance or housebound rate was also denied.

The Veteran's appeals for higher disability ratings and earlier effective dates for erectile dysfunction and a scar associated with prostate cancer have been dismissed.

The Veteran's initial claim for increased ratings was denied. The Board found that the Veteran had three painful scars, none of which were unstable, and thus warranted a 20 percent rating from July 15, 2016 to September 24, 2018. For the period after September 24, 2018, the criteria for a 30 percent rating under Diagnostic Code 7804 were not met as there was no evidence of more than three painful scars or unstable scars. The Veteran's nerve injury to his left foot and nerve decompression was rated at 20 percent since January 1, 2015.

The Veteran's left eye condition, which includes optic atrophy, chorioretinal laser scars, and blindness, has resulted in visual acuity of 5/200 or worse. The Board found that the current rating of 30 percent is appropriate given her symptoms.

The Veteran's service-connected disabilities, including PTSD, coronary artery disease, diabetes, and tinnitus, have rendered him unable to maintain substantially gainful employment. The Board has granted a TDIU based on the combined disability ratings of 80 percent.

The Veteran's claims for service connection of SLE, increased rating for left shoulder disability, and compensable rating for status/Post laparoscopic cholecystectomy with residual scars were denied. The effective date issue was not addressed as it is a separate claim.

The Veteran's initial compensable evaluation for scar, status post right inguinal hernia surgery prior to January 23, 2017, and an increased rating in excess of 10 percent thereafter was denied.,Service connection for sleep apnea is remanded.

The Veteran's SMC claim is remanded as the VA has not conducted an examination to determine his daily personal assistance needs attributable solely to his service-connected disabilities. The case will be returned for further development.

The Board has dismissed the appeals for initial compensable ratings for scar, left knee status post meniscus repair and onychomycosis, bilateral great toes as they are no longer relevant due to the Veteran's death.

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence to support the Veteran's claim of direct service connection for obstructive sleep apnea, as there was no in-service diagnosis or event linked to his current condition. For PTSD, the Board noted that while the Veteran had occupational and social impairment due to symptoms such as chronic mood disturbances and sleep impairment, these were not sufficient to meet the criteria for a 70% rating under DC 9411.

The Veteran's bilateral posterior subcapsular cataracts are rated at 70 percent prior to May 23, 2018. The additional conditions of diabetic retinopathy and optic atrophy have been considered in determining the appropriate disability rating.

The Veteran's service-connected disabilities, including lumbar spondylosis and spinal stenosis at L4-5 lumbar spine with associated radiculopathy of the right and left lower extremities, render him unable to secure or follow a substantially gainful occupation. The Board grants his TDIU claim.

The Veteran's claims for a sinus condition and increased disability ratings for otitis media, non-suppurative, right ear with loss of hearing (ear infection), and scar, right posterior ear have been denied. The Board found no evidence to support service connection for the claimed conditions.

The Board has denied service connection for the Veteran's lower back condition and remanded the respiratory condition claim due to insufficient evidence regarding exposure to asbestos during service.

The Veteran's claim for a higher rating for his service-connected scar, right neck, residual of squamous cell carcinoma, right tonsil is being remanded due to the need for additional evidence and an updated examination.

The Veteran's service-connected disabilities, including cervical fusion and bilateral upper extremity radiculopathy, have rendered him unable to secure or follow a substantially gainful occupation as of December 28, 2011.

The Board denied service connection for scrub typhus residuals, finding that the Veteran does not have a current residual of scrub typhus and that his heart condition is unrelated to his in-service infection.