Scars decisions — 2021

The Board has granted service connection for residual lung scarring due to pneumonia and remanded the claim of a compensable rating for right ear hearing loss. The Veteran's chronic obstructive pulmonary disease claim is still pending.

The Veteran's scar, residual status post right inguinal hernia repair is painful and has not improved. A 10 percent rating for this condition is restored.,A 70 percent rating for adjustment disorder with mixed anxiety, depressed mood, and insomnia is granted.

The Board has remanded the claims for cervical spine, lumbar spine, left lower extremity neuropathy, left upper extremity neuropathy, and neck scar disabilities due to a predecisional duty to assist error. The Veteran's service records show in-service treatment for these conditions.

The Veteran's service connection claims for left ear hearing loss, fatigue secondary to OSA, and several other conditions have been denied. The Veteran does not meet the criteria for a current disability in some of these cases.,Service connection for right elbow condition, left elbow condition, left hip condition (secondary to trochanteric bursitis), and left knee condition (secondary to patellofemoral syndrome) has also been denied.

The Board has remanded the cases for further development due to the need for additional medical examination and records.

The Board has decided to remand the case for further development and evaluation of the Veteran's service-connected disabilities, specifically whether they can be classified as residuals of organic disease or injury, and their impact on locomotion.

The Veteran's service-connected disabilities, including bilateral pes planus with right first metatarsophalangeal joint traumatic arthritis, right lower extremity peripheral neuropathy, and other conditions, are severe enough to prevent him from securing or following substantially gainful employment. The Board has granted a total rating for compensation purposes based on individual unemployability.

The Board has determined that the Veteran's service-connected disabilities render him unable to re-enter the workforce and work in any substantially gainful capacity, considering his level of education, prior work experience, and training.

The Veteran's claims for temporary 100 percent evaluations for bilateral knee disabilities, service connection for various conditions, and increased ratings have been dismissed.,Claims to reopen service connection for right Achilles' tendonitis, right hand condition, left wrist condition, right wrist condition, left ankle condition, left ring finger fracture, bilateral testicular pain, scar of the right occipital temporal area, left arm scar, seborrheic keratosis, fibromyalgia, IBS, diabetes mellitus, left elbow condition, gum damage and missing teeth, bilateral dry eyes, hyperlipidemia, and right elbow condition have been dismissed.,Claims for higher initial ratings and effective dates prior to July 6, 2018 for service connection of cervical spine disability and bilateral upper extremity radiculopathy have been dismissed.,The claims for revision based on CUE in the reduction of ratings for left shoulder sprain with degenerative changes, left knee degenerative joint disease, and right knee degenerative joint disease have been denied.

The Veteran's appeal for an initial disability rating in excess of 10 percent for service-connected acne scars was denied. The Board found that the preponderance of evidence did not support a higher rating based on the current criteria.

The Board has remanded the cases due to inadequate medical opinions regarding whether the Veteran's skin disability and hypertension are related to his service-connected depressive disorder.

The Veteran's initial claim for a scar due to hernia repair was granted with an initial 10% evaluation.,His claim for service-connected inguinal hernia was denied as there is no evidence of recurrence or need for treatment.

The Board has remanded the claims for further development and adjudication due to inadequate previous examinations.

The Veteran's attempts for earlier effective dates for service connection are denied as they lack legal merit.,Claims for earlier effective dates for left lower extremity scars, unspecified depressive disorder, muscle injury residuals from a gunshot wound to the right and left legs, and metatarsalgia in the right foot have been denied due to lack of prior claims.

The Veteran's service-connected disabilities, including PTSD and diabetes-related neuropathy, rendered him unable to secure or follow a substantially gainful occupation. The Board granted the TDIU claim based on this finding.

The Veteran's appeals have been withdrawn, and all issues on appeal are dismissed.

The Board has granted a TDIU effective November 2, 2016. However, the Veteran's service-connected disabilities did not meet the schedular criteria for a TDIU prior to that date. The case is remanded for referral to the Director of Compensation Service for extraschedular consideration.

The Veteran's death was not service-connected, as the cause of death (acute myocardial infraction) is not related to his military service or any service-connected conditions.

The Veteran's claims for tinnitus have been granted. The remaining issues of back condition, GERD, sinus condition, respiratory condition, and scars are remanded due to the need for further medical examinations.

The Veteran's claims for earlier effective dates for right knee conditions were denied. The Board found that the earliest evidence of these conditions was not prior to the date of his supplemental claim, and thus no earlier effective dates could be granted.