Scars decisions — 2021

The Veteran's combination of service-connected disabilities required care and assistance on a regular basis to dress herself, prepare meals, keep herself clean and presentable, attend to the wants of nature, and protect her from the hazards or dangers inherent in her daily environment. As such, she is granted special monthly compensation based on the need for aid and attendance.

The Board has remanded the Veteran's claims for increased ratings for his right shoulder and COPD disabilities due to outstanding VA treatment records not yet obtained. The TDIU claim is also inextricably intertwined with these issues.

The Veteran's service-connected disabilities have rendered him disabled to the extent that he requires regular aid and assistance of another person, warranting SMC based on the need for aid and attendance from August 7, 2014.

The Board has remanded the Veteran's claims for bilateral hammertoes, hypertension, muscle and joint disorders of various body parts, upper and lower gastrointestinal tract disorders, eye disorder, sleep apnea, surgical scars, and headache disorder due to incomplete service records and need for additional medical opinions.

The Veteran's initial compensable rating for scars from lacerations to the left middle and ring fingers is denied prior to July 17, 2018. A 10 percent rating for residual functional impairment from laceration to the left middle finger is granted beginning July 17, 2018.

The Board has remanded the Veteran's increased rating claims for residuals of partial gastrectomy for ulcer disease, residuals of partial gastrectomy scar, and incisional ventral hernia. The VA must obtain any outstanding treatment records from the San Juan VA Medical Center.

The Veteran's appeals for service connection and ratings have been withdrawn. The Board has granted a TDIU from April 25, 2013, based on his service-connected disabilities.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for additional development.,An effective date earlier than December 18, 2015 for the award of service connection for an anterior left elbow scar has also been denied.

The Veteran's uterine fibroids and associated conditions are being remanded for further development.,The claim for miscarriage is deferred due to the need for a service connection determination on the underlying condition of uterine fibroids.,The anemia claim is being remanded as there was no current diagnosis during the appeal period, and the relationship between the disability and service-connected conditions needs clarification.,The Veteran's fibromyalgia claim is being remanded to determine if her symptoms are related to service or other factors.,Frostbite residuals in both feet and hands are being remanded for further evaluation of their severity.,Bilateral eye disability ratings are being remanded due to the need for updated examination criteria application.,,

The Board has remanded the case for further action on issues related to lumbar spine degenerative disc disease and SMC based on the need for aid and attendance. The initial compensable ratings for right and left lower extremity scars remain denied.

The Board has granted the claims for service connection for diabetes mellitus, ischemic heart disease (IHD), diabetic nephropathy, and various types of neuropathy related to diabetes mellitus. The Veteran was presumed exposed to herbicide agents during his active duty in Thailand.

The Board has determined that the Veteran meets the criteria for VR&E benefits, other than employment services, to include training in pursuit of a career as an attorney. The decision is based on the Veteran's service-connected disabilities and his vocational goal.

The Board denied the Veteran's claim for VR&E benefits in pursuit of an avocational activity, finding that his service-connected disabilities do not limit or prevent participation in leisurely farming. The decision also noted that updating or replacing existing equipment is not allowed under VA policy.

The Veteran's claims for increased ratings are remanded due to the need for additional development regarding his left hand and thumb conditions.

The Veteran's skin disability, including sebaceous cysts and pyoderma gangrenosum, is being remanded for further examination to determine if it is related to his service-connected acne with scarring.

The Veteran's major depressive disorder with psychotic features resulted in occupational and social impairment, warranting a 70 percent disability rating.,Prior to March 21, 2019, the Veteran met the schedular requirements for TDIU based on his service-connected disabilities.

The Veteran's appeals for increased ratings were denied. The RO assigned a 10 percent rating and no higher for left thigh impairment (adduction) from July 24, 2020, and granted a compensable evaluation for the left leg residual surgical scars from September 30, 2019.

The Veteran's lumbar spine spondylolisthesis with status post-spinal fusion and healed scar was granted an initial 20 percent evaluation prior to September 2, 2014, a 40 percent evaluation from June 7, 2016, and denied any higher evaluations. The Veteran's lumbar radiculopathy of the left lower extremity received a 20 percent evaluation as of June 7, 2016.

The Veteran's claims for increased ratings for his low back disability, left and right lower extremity radiculopathy disabilities, and surgical scar post diskectomy are being remanded due to the need for new VA examinations to determine their current severity.

The Board has determined that the Veteran's claims for increased ratings and TDIU are remanded due to inadequate medical opinions regarding his service-connected neuritis of the right upper extremity. The claims will be returned to the examiner for further clarification.