Scars decisions — 2020

The Veteran's service-connected disabilities, including PTSD and sleep apnea, rendered him unable to obtain or maintain substantially gainful employment as of January 22, 2008. The effective date for the award of Total Disability Evaluation Based on Individual Unemployability (TDIU) is set at January 22, 2008.

The Board denied service connection for a cardiovascular condition, post-aortobifemoral bypass surgery scar, and numbness of the left medial thigh (claimed as a residual of cardiovascular surgery) due to lack of causal relationship between these conditions and the Veteran's military service.

The Board denied entitlement to an effective date prior to May 26, 2010 for the grants of service connection for residuals of TBI with depression, right knee replacement, left knee sprain with instability, right knee scar and left knee sprain with limitation of flexion.

The Board has remanded the claims for service connection due to insufficient development of records and unavailability of the Veteran.

The Veteran's claim for an earlier effective date for the grant of a 60 percent disability rating for pseudofolliculitis barbae with scar is granted. The Board finds that his condition had increased in severity prior to May 9, 2016 and thus grants the earlier effective date of July 22, 2015.

The Veteran's diabetes mellitus is remanded due to uncertainty about his exposure to Agent Orange while on the U.S.S. Tolovana.,The Veteran's tumor, left side of head, is remanded as there is a dispute over whether he was exposed to herbicide agents during service.,The Veteran's hearing loss, left ear, and burn scar right hand and wrist are also remanded due to the need for further evidence and clarification.,Service connection for these conditions will be remanded until more information about exposure to Agent Orange is obtained.

The Veteran's claim of service connection for small bowel resection with residual scar is granted. The appeal to reopen the claim for a recurrent gastro-intestinal condition is remanded.

The Veteran is granted special monthly compensation based on the need for aid and attendance due to his service-connected disabilities.,The Veteran is also granted special monthly compensation at the housebound rate because he requires assistance with activities of daily living and cannot leave his home unattended.

The Veteran's pelvic adhesions and scar, residual of laparoscopy, are currently rated as noncompensably disabling. The Board finds that a higher rating is not warranted for either condition.,The Veteran contends she should be granted a compensable disability rating for her scar, residual of laparoscopy. However, the November 2019 VA examination did not adequately address whether the Veteran's scars are painful or unstable.

The Veteran's claims for increased ratings and TDIU are being remanded due to inadequate development. The VA must obtain updated treatment records, conduct examinations of the Veteran’s disabilities, and readjudicate the claims.

The Veteran's right-sided facial scars are remanded for a VA examination to determine their etiology.

The Veteran's acquired psychiatric disability, diagnosed as depressive disorder, is granted due to its increase in severity being proximately due to his service-connected disabilities. His tinnitus and basal cell carcinoma are not related to service or any incident therein. The voiding dysfunction, DM2 with hypertension and erectile dysfunction, peripheral neuropathy of the bilateral upper extremities and lower extremities, and non-Hodgkin's lymphoma have been found to aggravate his depressive disorder.

The Board has decided that the Veteran's right ankle calcaneal spur with degenerative arthritis and associated scar require further evaluation due to potential worsening of symptoms since his last VA examination in May 2017. The case is being sent back for a new VA examination.

The Veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of the case as he passed away during the pendency of the appeal.

The Veteran's right ankle disorder, scar from surgery, cervical spine degenerative spondylosis, headaches, and bilateral shoulder disorders are all granted service connection.,An initial rating in excess of 10 percent for the right ankle disorder and scar is remanded.

The Veteran is found eligible for a TDIU beginning October 1, 2009. The Board also remanded the cases for further examination and consideration of SMC based on need for aid and attendance or loss of use.

The Veteran's service-connected bilateral foot disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted TDIU on an extraschedular basis.

The Veteran's thoracolumbar spine disability was granted a 40 percent rating prior to September 30, 2019. From that date, the claim for an increased rating greater than 40 percent is denied. The right and left lower extremity radiculopathy claims are both granted at their current ratings.

The Veteran's claims for an initial rating in excess of 50 percent for sleep apnea and an initial compensable rating for hypertension have been dismissed. The claim for a higher rating for residuals of a gunshot wound, muscle group XIII with scar is remanded.

The Veteran's right shoulder degenerative arthritis is granted as service-connected.,There is no evidence to support the claim for left knee strain, and it is denied.,Service connection is granted for bilateral hearing loss.,Tinnitus is also granted as a service-connected condition.,Residual scars from the right shoulder are secondary to degenerative arthritis and are granted.