Scars decisions — 2020

The Board has denied the Veteran's claim for an earlier effective date for TDIU prior to May 8, 2001. The case is being remanded for further action by the Director of Compensation Service.

The Board denied the Veteran's claim for an earlier effective date for a 10 percent rating for his painful residual scar status post right hernia repair, finding that there was no evidence of pain prior to September 11, 2014.

The Veteran's appeal for a higher rating for major depressive disorder was denied as his symptoms did not meet the criteria for a disability rating of 100 percent.,The Veteran's claim for a compensable rating for surgical scars of the back was also denied, as there were no disabling effects not considered in ratings provided under other Diagnostic Codes.

The Veteran's claims for increased evaluations of his service-connected left knee surgical scar, left knee degenerative joint disease, and right knee chondromalacia patella are being remanded due to the need for additional examinations.

The Veteran's PTSD is currently rated at 70 percent, the maximum schedular rating.,Bilateral hearing loss was initially rated as noncompensable prior to July 31, 2019 and subsequently increased to 30 percent since that date.,Tinnitus has a current rating of 10 percent.,Diabetes mellitus type II is currently rated at 10 percent.,The Veteran's left thigh scar does not meet the criteria for an initial compensable disability rating.,Issues related to PTSD, bilateral hearing loss, tinnitus, diabetes, and the left thigh scar are being remanded.

The Board has remanded several issues related to the Veteran's thoracic back strain, including service connection for peripheral neuropathy of the left and right lower extremities as secondary to his lumbar spine disability. The claims are also remanded for additional examinations to assess the severity of the Veteran's post traumatic headaches and right shoulder strain.

The Veteran's claims for increased rating for PTSD and service connection for erectile dysfunction, right knee disorder, bilateral hip disorder, bilateral ankle disorder, and a left thigh scar have been withdrawn. The claim for service connection for bilateral sensorineural hearing loss has been denied as there is no evidence of current hearing loss disability. Service connection for respiratory disorders (COPD, chronic bronchitis, pneumonia) related to asbestos and environmental exposures has been granted.

The Board has remanded the claims for service connection for kidney stones and for a temporary total evaluation for convalescence from kidney stone surgery due to the need for additional medical opinions. The claim for an effective date earlier than March 10, 2015, for a separate 20 percent disability rating for residual scars of GSW of the chest and abdomen remains denied.

The Board denied service connection and compensation under the provisions of 38 U.S.C. § 1151 for sleep apnea, insomnia, amputation of right leg, surgical scarring, depression, anxiety, and bipolar disorder (claimed as panic attacks and stress), diabetes, hypertension, circulatory disorder/left big toe, and erectile dysfunction.,The Board found that the Veteran did not have a current diagnosis of any of these conditions throughout the pendency of his appeal.

A 30 percent rating is granted for residuals of cold injury (left foot) even prior to November 2017, as of February 2017.,A 30 percent rating also is granted for residuals of cold injury (right foot) from February 2017. A compensable (i.e., higher 10 percent) rating is granted for residual scars from excision of bilateral breast mass associated with gynecomastia.

The Board denied the Veteran's request for an effective date prior to January 12, 2005 for a 10 percent disability rating for his right forehead scar. The evidence did not demonstrate that a factually ascertainable increase in disability occurred within the one-year period preceding the claim.

The Veteran's application to reopen a claim of service connection for diabetes is granted. The claims of service connection for scar on head, residuals of broken nose, and chronic congestion (including sinusitis and rhinitis) are remanded.

The Veteran's right inguinal scar is granted a 10% rating from March 2, 2018. The left inguinal scar does not meet the criteria for an initial compensable rating.

The Board has granted a rating of 10 percent for the Veteran's right long finger subluxation of the PIP joint status-post dislocation with a residual scar, effective from April 29, 2013.

The Veteran's back scar is not considered for a compensable rating.,Effective December 25, 2013, the Veteran received increased ratings of 40 percent for low back strain with IVDS and 20 percent each for right and left lower extremity radiculopathy.

The Veteran's claims for tinnitus, right middle finger scar, psychiatric disability (to include PTSD), bilateral hearing loss, bilateral plantar fasciitis, right thumb disability, and right shoulder disability are all remanded due to insufficient evidence or need for further examination.

The Board has remanded the claims for increased ratings due to new evidence received since the April 2019 SOC. The Veteran's TDIU claim is granted, and his service connection for a residual scar from salivary gland stone removal and depressive disorder are being reviewed.

The Board has decided that the Veteran does not have a bilateral hearing loss disability for VA purposes and therefore denied his claim. The remaining issues of rating for left knee arthritis, left knee scar, and right knee scar are remanded.

The Veteran's claim for a compensable rating for left knee replacement scars has been remanded due to the submission of new VA treatment records. The AOJ will review this evidence and readjudicate the claim.

The Veteran's claim for service connection for a left shoulder disability has been reopened and granted. The Board also remanded the cases of residuals of a thumb fracture, wound to the right testicle, scars due to gunshot wounds, and disabilities of the middle finger, ring finger, and knuckles of the right hand.