Scars decisions — 2021

The Veteran's initial rating for a left hand scar and initial compensable ratings for left upper extremity scars are remanded due to inadequate examination findings.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation, and the Board granted a TDIU on an extra-schedular basis as of February 1, 2010.

The Board has decided to remand several issues related to the Veteran's service-connected coronary artery disease and associated conditions, including erectile dysfunction, hypertension, lung disability, and neuropathy. The remand is due to incomplete or inadequate examinations, outstanding VA records, and need for additional medical opinions.

The Veteran's service-connected disabilities, including Generalized Anxiety Disorder, IBS, Hemorrhoids, Right Thumb Scar, Right Ear Hearing Loss, and Tinnitus, rendered him unable to secure or follow substantially gainful employment prior to January 15, 2020. The Board granted a total disability rating based on individual unemployability (TDIU) for this period.

The Board has remanded the Veteran's claims for service connection due to a pre-decisional duty to assist error and additional efforts are required to verify his service in Saudi Arabia during the Scud missile attack. If confirmed, further examinations will be conducted to determine the nature and etiology of the claimed disabilities.

The Veteran's service-connected disabilities, which combined had an 80 percent rating with one individually rated at 50 percent, have not rendered him unable to secure or follow a substantially gainful occupation.

The Veteran's right knee disability, left foot hallux valgus (bunions), and left ankle disability have been granted service connection.,Reasoning: The evidence shows that the Veteran had in-service injuries or diseases resulting in current disabilities, and there is no evidence of pre-existing conditions. All reasonable doubts are resolved in favor of the Veteran.

The Veteran's claim for service connection for scar tissue with numbness has been dismissed as the benefits sought have already been granted. The issue of service connection for cervical spine disability is reopened, but no new rating assigned. Service connection for fibromyalgia is denied. Bilateral hearing loss and back disability are not rated compensably or increased.

The Veteran's service-connected lumbar spine disability does not meet the schedular criteria for a total disability rating based on individual unemployability (TDIU). The Board finds that there is not sufficient evidence to substantiate a reasonable possibility that the Veteran is unemployable by reason of her service-connected disabilities.

The Veteran withdrew his appeals for all issues related to service connection and ratings, effective from the date of the July 2016 phone call.

The Veteran's claim for corneal scar, right eye, and psychiatric disorder (including PTSD) have been granted. The esophagus disability claim remains denied.

The Veteran's claim for service connection for migraines has been denied as the evidence does not support a finding that his current migraines began during service or are otherwise related to an in-service injury, event, or disease.,The Veteran's claim for SMC based on the need for aid and attendance is being remanded due to pending claims regarding earlier effective dates. The Board will also consider whether he qualifies for SMC at the housebound rate prior to September 14, 2020.

The Veteran's claims for increased ratings and new effective dates were denied. The Board found that the Veteran did not meet the criteria for a compensable rating for his left knee scar prior to February 4, 2014, but granted a separate 10 percent rating from June 6, 2016, through May 5, 2017, and extended this rating forward to the present. The Veteran's hypertension was also found not to meet the criteria for an increased rating.

The Board denied an extraschedular rating higher than 30 percent for left eye chorioretinal scar prior to November 4, 2009.

The Veteran was granted a total disability rating based on individual unemployability (TDIU) on an extraschedular basis from December 1, 2012 to July 11, 2013. The claim for TDIU prior to December 1, 2012 is denied.

The Board denied the Veteran's request for an earlier effective date for service connection of facial scars, finding that no formal or informal claim was submitted prior to January 8, 2018.

The Board denied the Veteran's motion to revise or reverse the September 1969 rating decisions that assigned initial ratings for shell fragment wound scars affecting his right arm, left lower extremity, and right lower extremity. The decision found no CUE in these determinations.

The Veteran's service-connected disabilities do not render him so helpless as to be in need of regular aid and attendance, thus SMC based on the need for aid and attendance is denied.

The Board has determined that the Veteran's appeal for an initial compensable rating for scar, residuals from gunshot wound left hand is denied. The case of service connection for bilateral hearing loss is remanded due to inadequate medical opinion.

The Board dismissed the appeals for service connection due to the Veteran's death.