Scars decisions — 2021

The Veteran's claims for service connection for bilateral hearing loss, PTSD, and melanocarcinoma residuals were denied. The Board found that the Veteran did not have current disabilities related to his in-service noise exposure or encounters during deployment, and thus could not establish a nexus between these conditions and active service.

The Veteran's right wrist scar is currently rated at 10 percent for the period prior to October 15, 2020. The appeal for a higher rating is denied for the period from October 15, 2020 onward.

The Board has remanded the cases due to the need for additional examinations and medical opinions to determine the current severity of the Veteran's service-connected lung cancer, right lobectomy scar, and whether he requires aid and attendance or housebound status.

The Board has denied service connection for residuals of a head injury and left ankle scar. The case is remanded to obtain an updated VA examination regarding the Veteran's hypertension claim.

The Board has remanded the claims for service connection for vertigo, COPD, and a skin disorder other than pseudofolliculitis barbae due to exposure at Camp Lejeune. A VA examination is required for each claim.

The Board has granted a 10% disability rating for the Veteran's right ankle scar, effective from February 24, 2020. The appeal for service connection of bilateral hearing loss is remanded due to lack of recent VA examination and missing private treatment records.

The Board has remanded the claims for increased ratings and extraschedular considerations, as well as DIC benefits. The Veteran's cervical spine degenerative arthritis and postoperative left shoulder scar disability are currently rated based on their service-connected conditions.

The Board dismissed a motion to revise a February 20, 2020 decision due to lack of clear and unmistakable error. The June 2020 motion was about the effective date for a rating on painful scars associated with the face, but this issue remained pending before the RO.

The Board has remanded the case due to new evidence being added to the record since the last SSOC, and the Veteran has not waived AOJ review of this evidence.

The Veteran's appeal for a higher rating for osteoarthritis of the left hand with post-traumatic changes, specifically his little finger, was denied. The claim for an increased rating for a scar on the left little finger was granted.

The Board has granted service connection for recurring basal cell carcinoma and multiple melanomas with scarring, finding that the evidence is at least in equipoise as to whether these conditions are related to service exposure. The decision is based on medical opinions supporting a link between the Veteran's current skin disorders and his Vietnam service.

The Board has dismissed the claim for special monthly compensation based on housebound criteria beyond the period from September 29, 2015, to January 1, 2016. The remaining issues have been remanded and will be addressed in a future decision.

The Board dismissed the Veteran's appeal due to his death, as appeals do not survive their appellants' deaths.

The Veteran's claims for knee disabilities and PTSD are remanded to allow for a complete record to be reviewed, including a new examination for the knees. The psychiatric claim is also remanded as there is no current diagnosis of an acquired psychiatric disorder.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that his service-connected conditions did not prevent him from securing or following substantially gainful employment.

The Veteran's claims for shin splints, left shoulder tendonitis, left elbow DJD with scar, right hip bursitis with snapping syndrome, and right hip limitation of flexion are all remanded due to insufficient evidence or need for additional development.

The Veteran's appeal for a total disability rating based on individual unemployability prior to June 12, 2014 was denied as he did not meet the criteria of being precluded from obtaining and maintaining any form of gainful employment due to his service-connected disabilities.

The Veteran's service-connected disabilities, including his low back disability and right knee degenerative joint disease, have significantly impaired him from obtaining and maintaining any form of gainful employment consistent with his prior education and experience. The Board has determined that a TDIU is warranted for the period from November 23, 2004 to March 6, 2008.

The Veteran's initial rating for scars of the left lower extremity is granted at a 10 percent level. The Veteran's left leg tibia fracture and traumatic brain injury claims are remanded due to need for additional development.

The Veteran's initial compensable evaluation for a scar, residual of gunshot wound of the left thigh prior to February 9, 2021, and an initial disability rating in excess of 10 percent for a muscle group XIV injury, residual of gunshot wound of the left thigh are both remanded due to incomplete development.