Scars decisions — 2020

The Veteran's claims for increased ratings and service connection were denied. The claim for PTSD was not timely filed, resulting in the June 2014 rating decision becoming final. Tinnitus is rated at its maximum of 10 percent. Hypertension does not meet the criteria for a compensable disability rating. GERD meets the criteria for a 10 percent disability rating but no higher. The scar claim was granted based on service connection.

The Veteran's claims for service connection for right foot pes planus, right ankle osteoarthritis, and right ankle surgical scar were remanded due to the need for further development.,No effective date was assigned as the claims arose prior to August 9, 2018.

The Board denied the Veteran's claim for a TDIU, finding that his service-connected disabilities do not render him unable to secure or follow substantially gainful employment.

The Veteran's claim for SMC due to loss of use of her right arm was granted. However, the claim for a higher disability rating for her service-connected right shoulder scars was denied.

The Board has remanded the Veteran's claims for service connection due to incomplete records and further development is needed, including obtaining Reserve unit records and a VA examination.

The Board has decided to remand the case due to conflicting medical evaluations and unclear pain related to the Veteran's scars. The Veteran is entitled to a compensable evaluation for his surgical scars, but needs clarification on their severity.

The Veteran's service-connected disabilities, including PTSD and sleep apnea, have rendered him unable to secure or maintain gainful employment for the period from November 20, 2014 to September 24, 2015. The Board has granted TDIU based on this evidence.

The Veteran's lung cancer is currently in remission after radiation treatment, but there are concerns about the condition worsening. The Board has ordered a new VA examination to assess the current severity and residuals of his service-connected lung cancer.

The Board has remanded the case due to failure of the Veteran to report for VA examinations. The claims are now pending and need further development.

The Veteran withdrew his appeal regarding increased ratings for several service-connected conditions, including adjustment disorder, right shoulder rotator cuff disability, spine strain, hallux valgus residuals, right knee patellofemoral pain syndrome, and a scar from the right great toe. As a result, the Board dismissed the appeal.

The Veteran's claims for increased ratings for his service-connected knee and hip disabilities are being remanded to obtain additional VA examination and treatment records.

The Board has granted a TDIU effective May 31, 2017, finding that the Veteran's service-connected disabilities prevented him from securing or following gainful employment.

The Veteran's initial evaluation for his right knee disability is denied as it does not meet the criteria for a higher rating. His initial compensable evaluation for right shoulder tendonitis prior to January 16, 2013 and subsequent evaluations in excess of 10 percent since that date are also denied.

The Veteran's claim for an increased evaluation of his left shoulder disability is denied, but he is granted a compensable rating for scars on the left shoulder.

The Veteran's claim for service connection of sleep apnea has been reopened, and he is granted an initial 70 percent rating for PTSD. The AOJ improperly combined his scar and laceration disabilities, reducing the 20 percent rating to 10 percent.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation since October 18, 1994. The Board has granted entitlement to TDIU based on the combined rating of his service-connected conditions.

The Board has remanded the Veteran's claims for increased ratings for various right-hand disabilities due to a lack of VA examinations. The Veteran was not given sufficient time to attend the scheduled examinations, and his service-connected conditions are related to his military service.

The Veteran's appeal is dismissed because they passed away, and the Board has no jurisdiction to adjudicate their claims.

The Veteran's initial and increased rating claims for his service-connected scar, status post right lower lobectomy, are granted. The issue of entitlement to an increased rating for a respiratory disorder is remanded due to incomplete testing. The issue of entitlement to service connection for obstructive sleep apnea is also remanded.

The Board has remanded the Veteran's claims for increased ratings and service connection due to errors in the May 2018 decision, including failing to seek clarification from the examiner regarding the May 2012 VA examination report.