Scars decisions — 2021

The Board has granted a TDIU and SMC at the housebound rate since September 30, 2015 due to service-connected anxiety disorder with depressive symptoms. The Veteran's other service-connected conditions do not meet the criteria for separate ratings.

The Veteran's death was not caused by a service-connected disability, and the appellant is not entitled to DIC under Section 1318.

The Veteran's claim for an earlier effective date for service connection for coronary artery disease has been granted, with the effective date set at September 16, 2015.,Service connection for skin cancer is granted based on herbicide exposure during active service.,Service connection for scars secondary to service-connected skin cancer is also granted.,Increased ratings for a cervical spine strain are remanded for further examination and rating determination.,The Veteran's current 20 percent rating for the period following May 7, 2018, remains unchanged.

The Veteran's PTSD is granted a 50% rating, CAD is granted a 10% rating for scars and denied higher ratings. Bilateral hearing loss service connection is denied.

The appeal for service connection of lineal scar, right side of nose (disfigurement), obstructive sleep apnea (OSA), cardiovascular disorder, and bilateral hearing loss was denied. The Veteran's claim for increased ratings for a lineal scar, right side of nose (painful scar) and bilateral plantar keratotic lesions prior to May 13, 2021, as well as for a right foot plantar callus since May 13, 2021, was also denied.

The Veteran's right shoulder disability is currently rated at 20 percent, and the Board has ordered a remand to determine if a higher rating is warranted based on additional evidence.

The Veteran's appeal for a compensable rating for small intestine bowel resection scar residuals has been dismissed due to the accredited representative withdrawing the appeal in October 2021.

The Veteran's claim for a higher rating for left foot postoperative hallux valgus with traumatic arthritis was denied. The maximum rating of 10 percent is already in place.,Claims for painful scars of the left and right great toes were also denied, as they are rated under Diagnostic Code 7804.

The Veteran's claim for an increased rating in excess of 10 percent for decreased sensation, periorbital area - fifth cranial nerve/trigeminal has been withdrawn and is therefore dismissed.,The Veteran's claim for a compensable rating for his deviated septum is remanded.,The Veteran's claim for TDIU is remanded.,The Veteran's claim for service connection for a right forearm condition (also claimed as numbness and painful scar) is remanded.,The Veteran's claim for service connection for an acquired psychiatric disorder, to include PTSD and anxiety, is remanded.,The Veteran's claim for service connection for opioid use disorder (to include residuals of such disorder) is remanded.

The Board has determined that the Veteran's claims for earlier effective dates for bladder cancer and scar, supra-pubic ostomy are still on appeal. The AOJ is required to issue a SOC addressing these issues and remand them for further development.

The Veteran's right inguinal hernia and residual scar are not rated as compensable due to the absence of recurrent or well-supported conditions, and the scar is not large enough for a 10% rating.

The Veteran's anterior trunk scars, residuals of postoperative gynecomastia, are rated at a compensable level (10%) since January 21, 2019. The rating is not higher as there is no evidence showing the scars are unstable or painful and do not cover an area of 144 square inches.

The Veteran's appeals for increased ratings were denied across multiple conditions, including left foot hallux valgus, metatarsalgia, pes planus, and plantar fasciitis; right shoulder and left foot scars; residuals of lung cancer (status post right upper lobectomy and tube thoracotomy with emphysema); and muscle tension dyspenia. The Veteran's tinnitus appeal was also denied.

The Veteran's appeal for special monthly compensation based on housebound status was denied because he did not meet the statutory requirements for payment of SMC at the housebound rate due to his service-connected disabilities and TDIU.

The Veteran's service-connected disabilities, primarily his migraine headaches, have rendered him unable to secure and follow substantially gainful employment. The Board finds that the Veteran is precluded from obtaining or maintaining any gainful occupation due solely to these service-connected conditions.

The Veteran's claims for increased ratings and effective dates are being remanded due to the need to obtain Social Security Administration (SSA) records.

The Veteran's major depressive disorder is granted service connection. Service connection for PTSD, hysterectomy, and hysterectomy scar are denied. The Veteran's fibromyalgia claim is remanded.

The Veteran's appeal is being remanded due to the need for updated examinations and a statement of the case regarding her right wrist disability.

The Board has remanded the issues of entitlement to service connection for the cause of the Veteran's death and DIC benefits under 38 U.S.C. § 1151 due to incomplete VA treatment records, insufficient examination opinions, and need for additional medical evaluation.

The Veteran's service-connected scars, including those from his back surgery and appendectomy, are rated at 20 percent. The Board found the scars to be painful and granted a higher rating than previously assigned.