Scars decisions — 2021

The Veteran's appeal of the issue regarding a compensable rating for an appendectomy scar has been dismissed. The appeals for compensation under 38 U.S.C. § 1151 for residuals from TURP and vasectomy surgery have been remanded.

The Veteran's claim for a separate rating of 10 percent for bladder/urethra scar, painful (claimed as painful urination) is granted. The issues of increased ratings for psychiatric condition and urinary incontinence are remanded.

The Board has determined that the Veteran's rib fractures, lung injury, facial scar, and PTSD are the result of his own willful misconduct during active duty service. As such, these conditions were not incurred in the line of duty and have been denied.

The Board has decided to remand two issues: entitlement to an initial compensable rating for a residual corneal scar of the right eye and service connection for optic nerve drusen with visual field defects of the left eye. The Veteran is requested to provide any missing private treatment records from Mass Eye and Ear.

The Board has decided to remand the case due to inadequate medical opinions and lack of photographs for assessing the current level of severity of the Veteran's left eye scar. The matter is being returned to obtain adequate medical evaluations and unretouched color photographs.

The Veteran's service connection claim for sleep apnea is granted. The initial evaluations for painful scars of the left upper extremity, right lower extremity, chest, left anterior neck and left posterior neck are denied.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining VA treatment records and SSA disability benefits records.

The Veteran's claim for chronic pain syndrome is granted, and he is awarded an effective date of June 21, 2013 for his right knee arthroscopic surgical scars. The claims for earlier effective dates for bilateral lower extremity femoral radiculopathy and right elbow olecranon bursitis with spur are denied.

The Veteran's claims for SMC based on need for aid and attendance of another person, and for financial assistance in purchasing an automobile or adaptive equipment are remanded due to the need for additional medical opinions regarding his service-connected conditions and their impact on his daily functioning.

The Veteran's PTSD is rated at 50 percent prior to February 26, 2020. The Board found that the symptoms did not meet the criteria for a higher rating due to occupational and social impairment with reduced reliability and productivity.

The Veteran's left eye corneal scar, claimed as left eye droop, does not result in visual impairment or incapacitating episodes that would warrant a compensable disability rating.

The Veteran's claims for service connection for migraine headaches, trigeminal neuralgia, right eyelid trichiasis, and a scar of the face due to a head injury in service are all granted. The claim for residuals of a head injury other than these conditions is remanded.

The Veteran's service-connected disabilities do not result in the physical loss or permanent loss of use of one or both hands or feet, nor ankylosis of either knee. Therefore, he does not qualify for financial assistance in purchasing a vehicle with adaptive equipment.

The Veteran's TDIU claim is dismissed as moot because he is already receiving a 100% disability rating for his service-connected COPD and SMC based on housebound status, which covers the entire appeal period.

The Veteran's cervical spine strain and right knee arthritis have been granted a 20 percent disability rating from August 29, 2014 to November 13, 2019. The psychiatric disorder has been granted a 30 percent disability rating for the period from August 29, 2014 to December 15, 2014. The Veteran's testicular cancer residuals have not met the criteria for a higher rating. The scars of the abdomen and inner left thigh have been granted a 20 percent disability rating.

The Veteran's service-connected lumbar spine and left knee disabilities have rendered him unable to obtain and maintain gainful employment since June 26, 2009.

The Veteran's head scar is granted a 10 percent disability rating. The low back and hand warts cases are remanded for further development.

The Board has remanded the case due to inadequate compliance with its previous directives, specifically regarding imaging studies of the Veteran's right knee. The claim remains on appeal for a disability rating in excess of 10 percent for subpatellar chondromalacia and degenerative arthritis.

The Board has remanded the cases of hypertension and skin disability for further development to determine their relationship with service-connected conditions, including potential non-compliance with medication.

The Veteran's appeal for increased ratings for his right foot scar and neuropathy has been remanded due to the need for additional medical opinions regarding other foot disabilities.,Separate evaluations are also being considered for residuals of a right foot shrapnel injury, including hallux valgus and bilateral degenerative joint disease.