Scars decisions — 2020

The Veteran's claims for earlier effective dates and initial compensable ratings for various scars have been dismissed.,The Veteran's claim for an initial compensable rating for bilateral hearing loss has also been dismissed.

The Board has granted the Veteran's motion to vacate the August 20, 2019 decision regarding his initial compensable disability rating for a scar on the abdomen and an initial disability rating higher than 50 percent for PTSD. The issues are now considered as if they were never decided.

The Board has granted service connection for the Veteran's residuals of right knee replacement, status post osteoarthritis, as secondary to his service-connected right great toe fracture. The issues regarding left knee replacement and painful scars are remanded.

The Board has remanded the Veteran's claims for prostate cancer, bladder disorder, erectile dysfunction, and scars due to potential service connection based on radiation exposure. Additional development is needed including obtaining a dose estimate of ionizing radiation exposure during service.

The Board has determined that there is no evidence of a current disability for any of the conditions claimed, and thus service connection cannot be granted.,There are no diagnoses or findings related to these conditions in the Veteran's service records, and post-service medical records do not show any such disabilities until decades after his discharge from active duty.

The Board has denied the claim of service connection for hypertension secondary to diabetes mellitus, finding that there is no medical evidence linking the disability to service.,The Board has remanded the claims of service connection for neurological impairment of the bilateral upper extremities and scars/tightness secondary to such impairment due to conflicting opinions on whether the Veteran's diabetes caused or aggravated these conditions.

The Veteran's left arm scar and traumatic brain injury have been rated as noncompensable, and the Board is remanding these issues for further evaluation.

The Veteran's claims of increased ratings for left abdominal and flank surgical scars, as well as insomnia disorder have been remanded due to the need for additional development. The Board found that his internal scar tissue was causing pain but not instability, warranting a 10 percent rating under Diagnostic Code 7804. For the abdominal muscle impairment, he is entitled to a separate 10 percent rating based on moderate injury of Muscle Group XIX. His insomnia disorder warrants an initial 30 percent rating.

The Veteran's claims for increased ratings for his right knee injury, osteoarthritis, and scars have been denied. The current ratings are consistent with the severity of his conditions as documented in medical records.

The Veteran's service-connected disabilities did not prevent him from securing or following substantially gainful employment during the period from June 1, 2010 to December 31, 2012. The Board denied entitlement to TDIU for this period.

The Board has granted an earlier effective date of October 31, 2007 for the grant of a TDIU. The issues regarding an increased rating for a right great toe fracture and an earlier effective date remain pending and must be remanded.

The Veteran's hepatitis C was granted service connection, but his increased rating claims for degenerative disc disease, radiculopathy, and knee disabilities were denied. The Board found that the evidence was at least in equipoise as to whether the Veteran's hepatitis C had its onset during his service.

The Veteran's appeal is remanded for extraschedular consideration due to the unique symptoms of his unstable maxilla scar, which causes food to come out of his nostril while eating. The case must be referred to the Director of Compensation Service for an evaluation.

The Veteran's claims for earlier effective dates for PTSD, migraine headaches, bilateral shoulder disabilities, calluses in the feet, and scars on the right shoulder are denied.,PTSD is currently rated at 70% under Diagnostic Code 9411. The Veteran does not meet the criteria for a higher rating as his symptoms do not warrant a 100% disability rating due to total occupational and social impairment.

The Veteran's service connection claims for scar formation on the breasts, buttocks and lower back, psoriasis, and bilateral ankle strain with calcaneal spur are all remanded. The Veteran is not entitled to a higher rating for her psoriasis as of December 20, 2019.

The Board has remanded the claims for service connection for various conditions, including breast cancer and its secondary effects. The Veteran's contentions regarding her breast complaints in service are considered, but further development is needed to obtain records from private clinics where she received treatment.

The Veteran's claim for an increased rating for his right knee status post meniscectomy with arthritis is granted, effective May 2, 2012. The Veteran’s service-connected right knee disability has been rated based on limitation of motion.,The Veteran's claim for service connection for obstructive sleep apnea is remanded and will be reconsidered by the AOJ.

The Board has remanded the Veteran's claims for a higher rating for residuals of right eye corneal scar and service connection for bilateral glaucoma due to incomplete examinations. The AOJ is instructed to attempt scheduling appropriate medical examinations in accordance with VA Adjudication Procedure Manual provisions.

This decision denies the Veteran's claims for a compensable rating for presumed embolization/migration of a brachytherapy seed to the left lower lung, associated with residuals of adenocarcinoma of the prostate (brachytherapy seed), and grants service connection for coronary artery disease, a painful scar of the right leg associated with coronary artery disease, and SMC based upon housebound criteria. The Veteran's claim for an effective date prior to December 11, 2014 for these conditions is denied.,This decision also denies the Veteran's claims for an effective date prior to December 11, 2014 for service connection of a surgical scar associated with coronary artery disease and SMC based upon housebound criteria. The Veteran's claim for an extension of SMC beyond February 1, 2015 is remanded.

The Veteran's service connection claim for paroxysmal atrial fibrillation (AFib) arrhythmia is granted.,The Veteran's service connection claim for hypertension, to include as secondary to service-connected AFib arrhythmia, is granted.,The Veteran's service connection claim for erectile dysfunction is remanded.,The Veteran's service connection claim for residuals of left elbow fracture is remanded.,The Veteran's service connection claim for post traumatic scarring of the left epididymitis is remanded.