Scars decisions — 2020

The Board has granted a compensable initial rating of 10% for the scar of the left breast, status post lumpectomy. However, the issue of service connection for hypertension is remanded due to an inadequate nexus opinion.

The Board has remanded the claims for increased ratings for left and right foot hallux valgus, as well as TDIU based on bilateral foot condition. The Veteran is entitled to separate disability ratings of 10 percent each, but no higher, for her bunionectomy scars.

Service connection for an appendectomy scar is granted.,Service connection for a left elbow disability is denied. The Veteran's current treatment records are silent for a diagnosis of or treatment for a left elbow disability.

The Veteran's initial claim for an increased rating of his service-connected spinal fusion surgery with surgical scar and failed back syndrome was denied. The Board found that the evidence did not support a higher rating than 20 percent, but granted a 20 percent rating since November 20, 2019.

The Veteran's scars on head are restored to a 10 percent rating, effective October 17, 2019. The 10 percent rating has been in effect since May 27, 2011.

The Veteran's claims for service connection for hypertension and pseudofolliculitis barbae have been reopened, and the claim for service connection for pseudofolliculitis barbae has been granted. The ratings for voiding dysfunction and painful scar status post lumbar fusion have been restored, as well as the ratings for left and right lower extremity radiculopathy. The Veteran's TDIU claim is also granted.

The Board has found that additional private treatment records are needed for the Veteran's claims of increased ratings for left ulnar nerve paralysis and residual scars. The case is being remanded to obtain these records.

The Veteran's sleep apnea, diabetic heart disease, unspecified depressive disorder, abdomen scar, peripheral neuropathy of the right lower extremity, and peripheral neuropathy of the left lower extremity have been granted service connection. The effective dates for these awards are December 13, 2017.

The Veteran's service-connected disabilities, particularly those related to diabetes and stroke, necessitate the need for regular aid and attendance. The Board has granted SMC based on this need.

The Veteran's service-connected disabilities, including back and right shoulder conditions, are found to be sufficient to render him unable to obtain and maintain substantially gainful employment. The Board also finds that the Veteran does not meet the criteria for Dependent's Educational Assistance (DEA) benefits as he did not have a permanent total service-connected disability at the time of his claim.

The Veteran's service-connected residuals of bilateral breast reduction surgery and associated scars are not rated higher than noncompensable.,The Veteran's scar of the cleft of the inferior aspect of the left breast, right breast, periareolar of the left breast, and periareolar of the right breast do not meet criteria for a compensable rating.

The Veteran's left knee disability is rated at 20 percent, effective since August 1997. The claim for a higher rating was denied.,The initial noncompensable rating for the left anterior knee scar remains unchanged.

The Veteran's claims for increased ratings and service connection have been denied. The Veteran does not meet the criteria for a higher rating for his painful scar on the left forehead or disfiguring scar on the left forehead, as there is no evidence of more than one scar with instability or pain, or visible or palpable tissue loss and either gross distortion or asymmetry of one feature or paired set of features. The Veteran's migraines are not manifested by very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.,The Veteran does not have a current disability of heart disease, high blood pressure, prostate cancer, erectile dysfunction, GERD, back disability, left carpal tunnel syndrome, or right carpal tunnel syndrome. The evidence does not establish exposure to Agent Orange. The Veteran's service-connected disabilities do not preclude substantially gainful employment.

The Veteran's claims for earlier effective dates for left knee recurrent subluxation, left knee limited extension, right knee scar, a temporary 100 percent rating for right total knee replacement, and special monthly compensation at the housebound rate are dismissed.,The Veteran's claim for an effective date prior to July 24, 2017 for service connection for right knee scar is dismissed.

The Veteran's migraine headaches are rated at 50 percent since October 30, 2012.,The Veteran is granted a TDIU effective from the date of claim (October 30, 2012).

The Board has remanded the Veteran's claims for compensation under 38 U.S.C. § 1151 due to insufficient evidence from Duke University Health System, which is a private provider.

Service connection for a migraine headache condition and scar on the forehead, residual to head injury is granted. Initial disability ratings higher than 20 percent for right and left lower extremity radiculopathies are denied.

The Veteran's claim for a rating in excess of 10 percent for bilateral tinea unguium pedis, to include unstable or painful scars is remanded due to inadequate VA examination and the need for additional medical records.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to conflicting findings regarding his right knee disabilities, including ankylosis. The claims will be returned to the AOJ for further development.

The Veteran's bilateral hearing loss is currently rated as noncompensable prior to September 27, 2019, and 10 percent thereafter. The claim for increased ratings for his service-connected bilateral hearing loss is denied.,The Veteran’s painful surgical scar, status post left total knee replacement, was granted an initial 10 percent disability rating prior to October 28, 2019. The claim for a higher disability rating from that date forward is denied.,The Veteran's hypertension has not been manifested by diastolic pressure predominantly 100 or more, or systolic pressure predominantly 160 or more, and thus does not meet the criteria for an initial compensable disability rating.,The Veteran’s service-connected painful surgical scar was rated as noncompensable prior to October 28, 2019. The claim for a higher disability rating from that date forward is denied.