Scars decisions — 2020

The Veteran's surgical scar, right foot is currently rated at 10 percent and the Board has granted a higher rating.,The Veteran’s residuals of a right ankle fracture are currently rated at 10 percent. The Board has remanded this issue for further development.

The Veteran's service connection claims for hiatal hernia with GERD, bilateral shin splints, allergic rhinitis, hypertension, hemorrhoids, right wrist sprain, left wrist sprain, thoracolumbar spine disability, and bilateral pes planus were granted effective July 1, 2016. Claims for other conditions are denied as they were not received within one year of separation from service.

The Board has remanded the case for further development, including a clarifying opinion from a VA cardiologist regarding the current severity and manifestations of the Veteran's service-connected heart disability. The issues related to total disability rating based on individual unemployability and Chapter 35 Dependents' Educational Assistance benefits are awaiting a requested hearing.

The Veteran's claim for an increased rating for a painful upper left calf scar is denied.,The Veteran's claims for initial ratings in excess of 10 percent for left knee limitation of motion due to a left knee scar and right knee limitation of motion due to a left knee scar are remanded for further development.,The Veteran's claim for an increased rating for a painful upper left knee scar is also remanded for further development.

The Veteran's scar on the left side of his nose is granted service connection, but he does not have a right ankle disability.

The Veteran was granted a total disability rating based on individual unemployability due to service-connected disabilities, including PTSD and foot conditions. He did not meet the criteria for special monthly compensation at the housebound rate or based on aid and attendance.

The Veteran's service connection claim for keloid formations and scar disorder is denied as the evidence does not show that these conditions began during or were aggravated by his military service.

The Board has remanded the Veteran's claims for a compensable rating for his left varicocele and left inguinal hernia scar. Additional development is needed, including VA examinations to assess the severity of these conditions.

The Board has determined that additional service records are needed to properly adjudicate the Veteran's claims for diabetes, bilateral hearing loss, lumbosacral strain (chronic lower back pain), missing lower teeth, and permanent scarring of the lower lip. The VA will obtain these records and then readjudicate the cases.

The Board has remanded the claims for increased ratings for bilateral plantar fasciitis and painful scars on anterior trunk, as well as the claim for TDIU due to incomplete evaluations in the past.

The RO reduced the Veteran's evaluation for his left ankle scar from 10% to noncompensable, but did not observe all procedural safeguards. The Board restored the 10% evaluation as it was void ab initio.

The Veteran's right hallux valgus, postoperative bunionectomy and laceration scar, right thumb are rated at the maximum available under their respective diagnostic codes. The left foot hammer toe is not service-connected.,An increased rating for the Veteran’s right hallux valgus, postoperative bunionectomy was denied as his disability did not meet the criteria for a higher evaluation.

The Veteran's claim for a compensable disability rating for bilateral hearing loss was denied, and his TDIU claim was also denied due to lack of evidence showing he is unable to secure or follow any substantially gainful occupation.

The Board has remanded the cases for further development and examination, including a new VA pulmonary examination to assess the Veteran's lung cancer residuals and any related disabilities. The issues of service connection for a pulmonary disability (including bronchitis and shortness of breath) and entitlement to TDIU are also inextricably intertwined with the reduction rating issue.

The Veteran's PTSD is rated at 70 percent, the maximum schedular rating authorized under Diagnostic Code 9411.,Effective July 1, 2010, the Veteran’s actinic keratosis with status post basal and squamous cell carcinoma to include scarring on the left eyebrow/eyelid is rated at 30 percent.

The Board has dismissed the Veteran's appeals for earlier effective dates for service connection of PTSD, a low back disability, radiculopathy of the left lower extremity, a lumbar back scar, and tinnitus. The remaining claims have been remanded.

The Board has decided to remand the cases for additional development and examination, including obtaining VA treatment records and scheduling a PTSD examination.

An effective date of November 13, 2013 is granted for the grant of service connection of right lower extremity radiculopathy.,The earlier effective dates for left shoulder and ankle scars are denied.,A 20 percent rating is granted for right lower extremity radiculopathy.

The Veteran's appeal is remanded due to unclear nature of his chest pain and need for clarification regarding the severity of his scars. The issue will be reconsidered after a VA examination.