Scars decisions — 2020

The Veteran's appeal for service connection for an acquired psychiatric disability has been withdrawn. The rating for the left shoulder scar was denied as there is no support for a higher rating, and the claim for increased rating of the linear scar from April 23, 2014, remains denied.

The Board denied the appellant's claims for compensation under 38 U.S.C. § 1815 and § 1805 as she does not meet the legal criteria to qualify for benefits due to her father's exposure to herbicide agents in Vietnam.

The Board has remanded the case for further development, including scheduling a VA social and industrial survey to assess the Veteran's employability due to her service-connected disabilities.

The Board has remanded the cases for further development and consideration. The Veteran's right shoulder scar, right shoulder disability (gunshot wound), and skin disability claims are being reviewed.

The Veteran's service-connected disabilities do not render him unemployable, as he retains the capacity for work-like activities despite limitations imposed by his conditions.

The Board has remanded the Veteran's claims for increased ratings for her left ankle disability and surgical scars, as well as her TDIU claim due to service-connected disabilities. The reasons include the Veteran's incarceration at the time of scheduled VA examinations.

The Veteran's service-connected disabilities, including coronary artery disease, back disability, diabetes, and others, have rendered him unable to maintain substantially gainful employment. The Board has granted a total disability rating for compensation purposes based on individual unemployability due to these conditions.

The Veteran's claims for higher ratings for PTSD, a scar on the right ear, and right ear hearing loss are remanded due to new evidence of worsening symptoms.

The Board has determined that the Veteran's service-connected disabilities render him in need of regular aid and assistance, thus granting special monthly compensation based on the need for aid and attendance.

The Board has remanded the Veteran's claims for an initial compensable rating for postherpetic neuralgia involving the right ear and entitlement to a TDIU due to service-connected disabilities. The Veteran needs a new VA examination for his postherpetic neuralgia involving the right ear, and his claim for TDIU will be referred to the Director of Compensation Service for consideration.

The Board dismissed the issues of increased ratings for left knee total joint replacement, painful scar of the left knee, and multiple scars of the left lower extremity. The Veteran's TDIU claim was granted beginning December 1, 2010.

The Veteran's death was caused by a pulmonary embolus, which the Board found to be related to his service-connected atrial fibrillation. Therefore, DIC based on service connection for the cause of the Veteran’s death is granted. The claim for DIC under 38 U.S.C. § 1318 is dismissed as moot.

The Veteran's service-connected acquired psychiatric disorder, including PTSD and bipolar disorder, was granted. Service connection for bilateral cataracts and glaucoma due to diabetes mellitus was also granted.

The Veteran's hiatal hernia with GERD is rated at 30 percent, his right knee retropatellar pain syndrome and instability are each rated at 10 percent, and he has a separate 10 percent rating for his right knee scars. These ratings are effective from the date of the claim in June 2014.

The Veteran's service-connected residual scars of first and second degree burns to the right leg, thigh, arm, and face are not associated with underlying soft tissue damage or have an area less than 144 square inches (929 sq. cm.).,The Veteran’s residual scar on his right side of the face does not meet any of the characteristics of disfigurement.

The Board has determined that additional evidence is needed to properly evaluate the Veteran's service-connected disabilities, including chronic renal failure, headaches, left knee joint osteoarthritis, right knee scars, hypertension, and erectile dysfunction. The AOJ must obtain any outstanding records from SSA and private providers, as well as VA treatment records. A new VA examination is also required for each of these conditions to ensure an accurate assessment.

The Veteran's service-connected disabilities, including right shoulder bursitis, left knee disability, and left shoulder bursitis, precluded him from securing or following substantially gainful employment from November 6, 2006 to December 23, 2008.

The Veteran's claims for service connection for shin splints in both lower extremities, right shoulder post-operative scar (Diagnostic Code 7802), and gastroesophageal reflux disease (GERD) have been denied. The Veteran also has had his initial disability ratings for a right shoulder post-operative scar (Diagnostic Codes 7802 and 7804), left fifth finger fracture, and right elbow strain denied.,The Veteran's service connection claim for a cervical spine strain was granted.

The Veteran's overpayment of VA compensation benefits is waived due to the validity of the debt and the determination that recovery would be against equity and good conscience.

The Board denied the Veteran's request for an earlier effective date for service connection for scars secondary to his service-connected coronary artery disease, finding that the earliest effective date was November 27, 2018.