Scars decisions — 2020

The Board has remanded the Veteran's claims for asthma and melanoma with scar, both of which are presumed to be related to in-service herbicide exposure. The VA examiners' opinions were deemed inadequate due to lack of a clear nexus between service and these conditions.

The Veteran was gainfully employed during the period prior to January 4, 2012. Therefore, a TDIU for this period is denied.

The Board has denied the Veteran's claim for a higher rating for his right shoulder scarring and has remanded the issue of service connection for cubital tunnel syndrome of the right upper extremity as secondary to postoperative residuals of a total right shoulder arthroplasty.

The Veteran is found to be unemployable due to his service-connected disabilities, and the Board grants a total disability rating based on individual unemployability.

The Veteran's initial disability ratings for renal cell carcinoma and painful scars status post partial nephrectomy associated with renal cell carcinoma are being remanded due to the need for additional medical opinions and records.

The Veteran's death was not caused by his service-connected conditions, and therefore he cannot be granted service connection for the cause of his death. Additionally, he did not meet the criteria to receive burial benefits as a result of his service-connected disabilities.

The Veteran's claim for arthritis of the right thumb was reopened and granted service connection. An initial rating of 20% is assigned for scars of the left ankle, left knee, and right wrist.,Service connection for depressive disorder is granted with an effective date of September 17, 2016.

The Veteran's claim for a TDIU was granted with an effective date of July 25, 2014. The decision also states that no earlier effective date is warranted.

The Veteran's claim of entitlement to service connection for scarring on his chest is remanded due to the need for a VA examination.

The Veteran's claim for an initial compensable rating for bilateral knee scars has been dismissed.,Service connection for brain aneurysm secondary to right knee disability, upper extremity gout secondary to service-connected kidney disease, and lower extremity gout secondary to service-connected kidney disease have all been granted.

The Veteran's appeal is remanded due to the need for additional examinations and records. The VA will obtain private treatment records from Dr. M. Riad and other relevant providers, as well as VA treatment records since September 2019. A VA examination will be scheduled to assess the current severity of his service-connected residuals of a thoracotomy.

The Veteran's service-connected residual scars on the scalp do not meet the criteria for a compensable rating as they are not disfiguring and do not cause any other qualifying characteristics of disfigurement.

The Veteran's claim for a compensable rating prior to September 26, 2018, and in excess of 20 percent thereafter, for scars of the left knee is denied. The Board finds that there has been no findings of three or more painful or unstable scars from September 26, 2018.

The Veteran's claim for an initial rating of 60 percent, and no higher, for actinic keratosis with rosacea is granted. The claims for scars from multiple nevi of the face and trunk are denied.

The Veteran's claim for a higher rating for his neck scar prior to July 13, 2017 is denied as the scar does not meet the criteria for a higher rating based on one characteristic of disfigurement. From July 13, 2017, the claim is also denied because the scar does not meet the criteria for a higher rating based on visible or palpable tissue loss and either gross distortion or asymmetry of two features or paired sets of features.

The Veteran's back disability and LLE radiculopathy are rated at 20 percent each, while RLE radiculopathy is rated at 10 percent. The effective date for service connection of RLE radiculopathy is denied as it was received within a year of the Veteran's separation from active duty.

The Veteran's appeals for increased ratings and service connection have been dismissed due to withdrawal of the appeal. The Board has also determined that additional examinations are needed for several issues, including left shoulder strain, right elbow bursitis, cervical strain, thoracolumbar strain and scoliosis, right extensor carpi ulnaris subluxation, left extensor carpi ulnaris subluxation, lipoma on the abdomen, left knee disability, right shoulder disability, left elbow disability, right hand disability, hearing loss, psychiatric disorder to include PTSD, and jaw disability.

The Board has remanded the case due to insufficient medical evidence and a need for further examination.

The Veteran's appeal is remanded for further action regarding his claim of service connection for eczema due to herbicide agent exposure. The remaining issues are related to the increased ratings and new disability rating for PTSD.

The Board has remanded the Veteran's claims for service connection due to inadequate examinations and evidence. The issues include back disorder, plantar fasciitis, left knee scar with keloid, and sarcoidosis.